Lalchand Gupta vs The State Of Madhya Pradesh
2024 Latest Caselaw 16428 MP

Madhya Pradesh High Court

Lalchand Gupta vs The State Of Madhya Pradesh on 31 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                                   1
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                                           CRA No. 11430 of 2023
                                            (LALCHAND GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-05-2024
                                  Ms. Smita Varma - Advocates for the appellants.

                                  Mr. Raghuwar Prajapti - Panel Lawyer for the respondent/State.

Heard on I.A No.13224/2024, which is third application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant No.2 - Ashok Gupta. His earlier application (I.A. No.21529/2023)

was dismissed on merits vide order dated 21.11.2023 while the second one was temporary bail application (I.A. No.27629/2023) dismissed as withdrawn vide order dated 17.05.2024.

The appellant has been convicted for the offence punishable under Sections 380/34 and 451/34 of IPC and sentenced to undergo R.I. for 03 years and R.I. for 02 years with fine of Rs.3,000/- and Rs.2,000/-, respectively, with default stipulations.

Learned counsel for the appellant submits that the maximum jail sentence of appellant is of 03 years and the appeal would take considerable time to

conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

Learned counsel for the State has opposed the application and prayed for its rejection.

Heard counsel for the parties, perused the judgment and record of the court below.

This repeat application for suspension of sentence has been argued on

the ground that co-convict Lal Chand Gupta has already been released vide order dated 17.05.2024.

Taking into consideration the aforesaid fact and also the similarity of acts of the two convicts, this repeat application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant No.2 shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 03.09.2024 and on such other

dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid application stands allowed and disposed of. List this criminal appeal for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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