Rajamiya vs State Of M.P
2021 Latest Caselaw 5019 MP

                                          1


              THE HIGH COURT OF MADHYA PRADESH
                           CRA-280-2013
                  ( Raja Miyan Vs. State of M.P.)

Gwalior, dt. : 03/9/2021

      Shri M.S. Rawat, learned counsel for the appellant.

      Shri A.K. Nirankari, learned Public Prosecutor for the respondent/State.

This criminal appeal assails the judgment dated 30.1.2013 passed in

Special Case No.106/2010 by Additional Sessions Judge, Special Court,

SC/ST (Prevention of Atrocities) Act, District Vidisha whereby appellant- Raja

Miyan has been convicted as under:

    Section                Imprisonment              Fine
    302/34 of IPC          Life Imprisonment         Rs.    5000/-   with

                                                     default stipulation

I.A.No.19658/2021, second repeat application u/S. 389(1) Cr.P.C. for

suspension of sentence moved on behalf of appellant Raja Miyan.

It is submitted that the appellant had been granted benefit of

suspension of sentence by order dated 30.4.2014 in this case, but later the

said order was recalled due to appellant having jumped bail, to be ultimately

arrested on 2.8.2016, since when he is in custody.

Considering the fact that benefit of bail has been extended by

suspension of sentence on merits once and he has suffered about five years

of custody period and in view of the special circumstances of ongoing

Covid-19 pandemic and that there is no hope of this appeal coming up in the

near future for final hearing, this Court is inclined to grant bail to the

appellant Raja Miyan by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A.

No.19658/2021 is allowed and it is directed that the jail sentence of

appellant Raja Miyan will remain under suspension subject to verification

that the amount of fine has been deposited, on the appellant's furnishing bail

bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent

sureties of Rs.25,000/-each of the like amount to the satisfaction of

concerned Magistrate for his appearance before the concerned Magistrate on

20/12/2021 and on such further dates as may be fixed by him which shall be

of frequency not less than once in a year.

In case, the appellant is found absent on any date fixed by the

concerned Magistrate then the said Magistrate shall be free to issue and

execute warrant of arrest for securing his presence without first referring the

matter to this Court, provided the Registry of this Court is kept informed.

               C.c as per rules



      (Sheel Nagu)                                                (G.S. Ahluwalia)
         Judge                                                        Judge
ar

              Digitally signed by ABDUR RAHMAN
              DN: c=IN, o=HIGH COURT OF


     ABDUR    MADHYA PRADESH BENCH GWALIOR,
              ou=HIGH COURT OF MADHYA
              PRADESH BENCH GWALIOR,
              postalCode=474001, st=Madhya


     RAHMAN
              Pradesh,
              2.5.4.20=d604b5a66b413c436e6af99c
              6fe547304e1bc26d2b510cc133f1b56f
              aa63e77b, cn=ABDUR RAHMAN
              Date: 2021.09.04 10:48:13 -07'00'