Madhya Pradesh High Court
Santosh @ Brajendra @ Kuldeep vs The State Of Madhya Pradesh on 1 May, 2017
1
Cr.A.No.550/2016
01/05/2017
Shri Deependra Singh Kushwah, Counsel for
the appellant.
Shri B.P.S. Chauhan, Public Prosecutor for the
respondent/State.
Heard on I.A. No.7257/2016. This is an application under Section 389 of CrPC for suspension of sentence and grant of bail.
The appellant has been convicted for offence under Section 177 of IPC and has been sentenced to undergo the rigorous imprisonment of 2 years and a fine of Rs. 2,000/- with default imprisonment and under Section 195 of IPC and has been sentenced to undergo the rigorous imprisonment of 7 years and a fine of Rs.3,000/- with default imprisonment.
The prosecution case in short is that during investigation of an offence under Section 392/34 of IPC and under Section 11/13 of MPDVPK Act, it is alleged that the appellant disclosed his incorrect identity to the police.
It is submitted by the counsel for the appellant that although the appellant has been acquitted for offence under Sections 394/34 of IPC and under Section 11/13 of MPDVPK Act but he has been convicted under Sections 177 & 195 of IPC on the ground that he had disclosed his incorrect name to the police. It is submitted that once the appellant has been acquitted for the main offence, then his conviction under Sections 177 & 195 of IPC is 2 Cr.A.No.550/2016 unwarranted. It is further submitted that the appellant was on bail during the trial. He has remained in jail from 06.12.2012 to 16.08.2013 during trial and he is in jail from 26.04.2016. According to the appellant, he has remained in jail for about more than 1½ year and the appeal is likely to take considerable long time.
The application is opposed by the counsel for the State.
Considering the facts and circumstances of the case, subject to deposit of fine, it is directed that the remaining jail sentence of the appellant shall remain suspended and he is directed to be released on bail on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty thousand only) along with one surety of the like amount to the satisfaction of the Trial Court. The appellant shall appear before the office of this Court on 27.09.2017 and on subsequent dates given by the Office for appearance till the disposal of the present appeal.
Certified copy as per rules.
(G.S.Ahluwalia)
(ra) Judge