Gajpal @ Ramrakshpal @ Rakshpal @ ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 2244 MP

                                                        1                                 CRA-21-2020
                              The High Court Of Madhya Pradesh
                                          CRA-21-2020
                          (GAJPAL @ RAMRAKSHPAL @ RAKSHPAL @ GACHHE Vs THE STATE OF MADHYA PRADESH)

                      7
                      Jabalpur, Dated : 10-06-2021

                            Through Video Conferencing.
                            Shri Madan Singh, counsel and Ms. Gayatri Ladhiya, counsel for
                      the appellant.
                            Shri Vijay Shukla, Panel Lawyer for the respondent/State.

Heard on I.A. No.3402/2021 filed on 26.02.2021 under Section 389(1) of the Cr.P.C. on behalf of appellant Gajpal @ Ramrakshpal @ Rakshpal @ Gachhe for suspension of substantive jail sentence. The appellant has been convicted by judgement dated 14.11.2019 passed by Additional Sessions Judge, Banda Sagar in S.T. No.34/2017.

By the impugned judgment, the Trial Court convicted the appellant for the offences under Sections 326, 323 and 148 of the

I.P.C. and awarded ten years of R.I., Till the rising of Court and one year of simple imprisonment, with fine respectively with the default stipulations.

At present, all other co-accused have been enlarged on bail and their substantive jail sentence has been suspended. The appellant remained in custody from 27.02.2017 to 02.07.2018 and, thereafter, from the date of judgment i.e. 14.11.2019, he is confined in custody. This appeal will take sufficient time in final disposal.

Therefore, after consideration, the aforesaid I.A. is allowed. The remaining part of substantive jail sentence will be suspended till final disposal of the appeal subject to furnishing a bail bond worth Signature Not SAN Verified Rs.50,000/- (Rupees Fifty Thousand) and a personal bond of the Digitally signed by SHAHINA KHAN Date: 2021.06.10 17:13:22 IST 2 CRA-21-2020

same amount to the satisfaction of the Trial Court.

After releasing the appellant on bail, the appellant will appear before the Registry of this Court on 13.12.2021 and thereafter, on other subsequent dates as may be fixed by the Registry in this behalf.

At the time of releasing the appellant from custody, all the

instructions issued by the Government related to COVID-19 shall also be followed by the concerned authority.

Accordingly, the aforesaid I.A. stands allowed. List the matter in due course.

Certified copy as per rules.

                                                                         (B. K. SHRIVASTAVA)
                                                                                 JUDGE


                      shahina




Signature
 SAN      Not
Verified

Digitally signed by
SHAHINA KHAN
Date: 2021.06.10
17:13:22 IST