Vinod Pandey vs The State Of Madhya Pradesh
2024 Latest Caselaw 16262 MP

Madhya Pradesh High Court

Vinod Pandey vs The State Of Madhya Pradesh on 30 May, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 15256 of 2023
                                               (VINOD PANDEY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 30-05-2024
                                  Shri N.K. Shah - Advocate for the appellant.

                                  Shri Manoj Kushwaha - Panel Lawyer for the respondent/State.

Heard on I.A. No.12707/2024, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the appeal.

Appellant has been convicted for commission of offence under Section 409, 467 and 468 of IPC and has been sentenced to undergo R.I. for 5-5 years and fine of Rs.1000/-1000/- with default stipulation vid e judgment dated

23.11.2023 delivered by 2 nd Additional Session Judge, Bhopal in S.T. No.140/2015 (State of M.P. Vs. Vinod Pandey and Others).

Learned counsel for the appellant has submitted that appellant has not committed any offence. He has been erroneously convicted by the trial Court. It has not appreciated the evidence of the prosecution witnesses in proper perspective and has not taken into consideration various contradictions and

omissions appeared in the evidence. It is further submitted that charge of embezzlement of Rs.4,997/- has been found proved but he has already suffered more than six months incarceration. Therefore, it is prayed that the execution of jail sentence of appellant may be suspended and he may be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellant.

There is no possibility of hearing of this appeal in near future. Considering the evidence of witnesses on record and the fact that appellant has

been convicted for embezzlement of Rs.4,997/- only, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.12707/2024 is allowed. The execution of jail sentence of appellant - Vinod Pandey is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 25.10.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

Certified copy as per rules

(DINESH KUMAR PALIWAL) JUDGE

Jasleen