Raju @ Rajesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8948 MP

THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH

CRA No.6370/2021 Raju @ Rajesh vs. State of M.P.

Indore, dated :17.12.2021 Shri Prem Joshi, learned counsel for the appellant. Shri K. Mahant, learned counsel for the non-applicant - State. Heard on I.A. No.27680/2021 application seeking suspension of jail sentence filed on behalf of appellant.

The present criminal appeal is being filed arising out the judgment dated 22.07.2021 passed in ST No.190/2019 by 9 th ASJ, Ujjain. The applicant has been convicted as under:-

  Conviction                             Sentence
Sections     and Imprisonment        Fine               Imprisonment in
Act                                                     lieu of fine
329 of IPC         4 Years R.I.      2000/-             6 Months R.I

Learned counsel for the appellants submits that appellant the appellant has been implicated falsely in the present case, he has not been identified, FIR was lodged against another person and the offence under Section 329 of IPC was added by the prosecution later on. Injured, Beena Chopda (PW-2) has also stated in her cross examination that she could not identify the appellant due to the fact that the incident had occurred long time back. Short sentence of four years has been pronounced in all the aforesaid sections. At this stage, suspension of jail sentence has been sought on the ground that more than half of the sentence have already been completed by the appellant and final hearing of this appeal is not possible in near future, therefore, remaining jail sentence of the appellant be suspended.

Counsel for the State was heard and evidence was perused. Looking to the evidence available on record and the fact that half of the sentence has already been undergone, it would be appropriate to allow the application.

The application stands allowed. Execution of jail sentence of appellant Raju @ Rajesh is hereby suspended and it is ordered that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Trial Court on 11.01.2022 and also on such other dates, as may be fixed by the trial Court concerned in this regard during the pendency of this appeal.

I.A. No.27681/2021, an application of condonation of delay stands disposed of in light of the direction of Hon'ble Apex Court regarding delay during Covid-19 Pandemic.

List in due course for final hearing.

Certified copy, as per rules.

(Rajendra Kumar (Verma)) Judge

amit

Digitally signed by AMIT KUMAR

AMIT DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d06ed3c 79a81bc156ec0309c5245d47a0a52604de,

KUMAR pseudonym=713D9BD68EDDADCD6B88DA2B 1BCDCFC0369478F5, serialNumber=62B9B1A094FCDF2F0107E9132 6BC51DC9DCF83F25C9D67245FE3BCCFD0F2 DB67, cn=AMIT KUMAR Date: 2021.12.20 09:36:56 +05'30'