Rakesh @ Chamunda vs The State Of Madhya Pradesh
2021 Latest Caselaw 8534 MP

           HIGH COURT OF MADHYA PRADESH,
                 BENCH AT GWALIOR

                      Cr.A. No. 7429/2021
           ( Rakesh @ Chamunda Vs The State of M.P. )
                                 (1)

Gwalior, dated : 09/12/2021
      Shri Dheeraj Budholiya, learned counsel for the appellant.

       Shri Lokendra Shrivastava, learned Public Prosecutor for the

respondent-state.

Heard on the question of admission.

Appeal appears to be arguable hence it is admitted for final

hearing.

Call for record of the court below.

Heard on IA No. 32911/2021, an application for exemption

from filing certified copy of the impugned judgment dated

03/08/2021, since the same has been filed in connected Cr.A. No.

5116/2021.

In view of averments made in the application, the aforesaid IA

is allowed.

Heard on I.A.No.33004/2021, this is first application for

suspension of jail sentence and grant of bail moved by the appellant

is taken up and considered.

This Criminal appeal assails the judgment dated 03/08/2021

passed in S.T. No.38/2018 by Fourth Additional Sessions Judge,

Vidisha (M.P.) whereby the appellant has been convicted and

sentenced under Section 324/34 of IPC for one year RI with fine of

Rs. 1000/- with default stipulations.

Learned counsel for the appellant submits that on date of

pronouncement of judgment ie 03/08/2021 he was not present HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A. No. 7429/2021 ( Rakesh @ Chamunda Vs The State of M.P. )

before the Court and thereafter he was arrested on 14/11/2021.

Thereafter, Vakalatnama has been filed from the jail which bears

signature of Superintendent, District Jail Vidisha (M.P.).

In view of the said facts and that there is no likelihood of early

disposal of the appeal in near future, this court is inclined to grant

bail to appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on the merits,

I.A.No. 33004/2021 is allowed and it is directed that the jail sentence

of the appellant will remain under suspension subject to the

verification that the amount of fine has been deposited, on the

appellant furnishing bail bond of Rs. 50,000/- (Rs. Fifty Thousand

Only) each with one solvent surety in the like amount to the

satisfaction of trial Court concerned for his appearance before the

Registry of this Court on 20/04/2022 and thereafter on such other

dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course of time at its

own turn.

Certified copy as per rules.

(Vishal Mishra) Judge Prachi*

PRACHI MISHRA 2021.12.11 11:54:27 +05'30'