Raja @ Bhupendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 1539 MP

                                                        1                               CRA-2455-2021
                              The High Court Of Madhya Pradesh
                                         CRA-2455-2021
                                (RAJA @ BHUPENDRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      1
                      Jabalpur, Dated : 23-04-2021
                            Heard through Video Conferencing.
                            Shri B.M. Prasad, counsel for the appellant.
                            Shri Satyapal Chadar, GA for the respondent/State.

Call the record from the Court below.

Heard on I.A.No.5840/2021 filed under Section 389(1) of Cr.P.C on

behalf of the appellant Raja alias Bhupendra, s/o Gopal Bobde for suspension of substantive jail sentence.

Appellant has been convicted by the judgment dated 16.03.2021 passed by Special Judge, SC/ST Act, Betul (M.P.) in Sessions Trial No.38/2017. The trial Court convicted the appellant for the offence under Section 354 of I.P.C. and awarded one year RI with the fine of Rs. 500/- with default stipulations.The trial Court also convicted the appellant for the offence under Section 3(1)(ba)(a) of SC/ST Act but passed the sentence only for the offence under Section 354 of IPC being a higher offence and the fact in this

regard has been mentioned in the para 39 of the impugned judgment.

It is submitted by the counsel for the appellant that the trial Court granted the temporary suspension till 13.05.2021 but due to some clerical mistake, he has mentioned the date as 16.04.2021 in the present application.

The appellant was on bail during the trial. Therefore, looking to the contention of the counsel for the appellant, conditional order may be passed.

Therefore, the application is allowed. It is ordered that if the trial Court granted the temporary suspension upon the substantive jail sentence till 13.05.2021 then the appellant will surrender on or before the aforesaid date before the trial Court. Thereafter he shall be released on bail upon his furnishing a bail bond worth Rs.30,000/- (Rupees Thirty Thousand only)

Signature Not and a personal bond of the same amount to the satisfaction of the trial Court. SAN Verified

Digitally signed by VARSHA DUBEY Date: 2021.04.23 14:39:02 IST 2 CRA-2455-2021 Upon furnishing the bail bond remaining substantive jail sentence of the appellant shall remain suspended till final disposal of the appeal.

It is made clear that if the trial Court did not grant the suspension till 13.05.2021 then this order shall not be applicable and the trial Court will be free to send the appellant in jail for serving the awarded sentence.

After releasing on bail the appellant will appear before the Registry of

this Court on 14.12.2021 and thereafter on other subsequent dates as may be fixed by the Registry in this behalf.

List the matter along with the record for argument upon the admission just after receiving the record.

Certified copy as per rules.

                                                                            (B. K. SHRIVASTAVA)
                                                                                    JUDGE


                      VD




Signature
 SAN      Not
Verified

Digitally signed by
VARSHA DUBEY
Date: 2021.04.23
14:39:02 IST