Citation : 2025 Latest Caselaw 1663 MP
Judgement Date : 16 July, 2025
1 CRA-5775-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5775 of 2025
(RAJESH GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 16-07-2025
Shri Mukesh Kumawat - Advocate for the appellants.
Shri Rajendra Singh Suryavanshi - Govt. Advocate for the
respondent/State.
Heard on IA No.8729 of 2025 which is first suspension application under Section 430 of Bhartiya Nagrik Suraksha Sanhita, 2023, filed on
behalf of appellant No.2 - Praveena Gupta for grant of bail and suspension of remaining jail sentence.
02. The appellant has been convicted for the offence punishable under Section 420, 467, 468 & 471 read with Section 120-B of Indian Penal Code, 1860 and sentenced to undergo RI for three years, seven-seven years, three years and seven years with fine of Rs.2000/- each respectively, with further default stipulation vide judgment dated 24.05.2025 passed by Nineteenth Additional Sessions Judge, Indore (MP) in Session Trial No.316/2018.
03. Counsel for the appellant submits that appellant is innocent and he
has falsely been implicated in the aforementioned crime. He further submits that co-accused persons have already been suspended by this Court. This appeal is of the year 2025 and its final disposal would take considerable long time to conclude. Hence, in such circumstances, prayer is made to enlarge the appellant on bail.
04. Per Contra, public prosecutor for the State has opposed the prayer
2 CRA-5775-2025 and prays for its rejection.
05. Heard counsel for the parties and perused the record.
06. Considering the facts and circumstances of the case and the fact that co-accused persons have already been suspended, without commenting anything on the merits of the case, this court is of the considered opinion that suspension application of appellant No.2 deserves to be allowed.
07. Accordingly, IA No.9923 of 2025 is allowed and remaining jail sentence of appellant No.2 is hereby suspended till final disposal of this appeal. It is directed that appellant No.2 - Praveena Gupta shall be released on bail subject to depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of
trial court, with a further direction to appear before the Registry of this court on 07.11.2025 and on such other dates, as may be fixed by the Registry of this Court in this behalf, during the pendency of this appeal.
Certified copy, as per Rules.
(GAJENDRA SINGH) JUDGE
akanksha
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