Rukmesh Soni vs The State Of Madhya Pradesh
2022 Latest Caselaw 16855 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                               CRA No. 12014 of 2022
                      (RUKMESH SONI Vs THE STATE OF MADHYA PRADESH)

Dated : 19-12-2022
          Shri Ram Sharan Rathore - advocate for the appellant.

          Shri Anil Upadhyay - Panel Lawyer for the respondent/State.

Call for the trial Court record.

Heard on I.A.No.24109/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant

pending the appeal.

T h e appellant has been convicted for commission of offence under Section 419 read with Section 120-B of IPC and has been sentenced to undergo R.I. for 2 years and Section 420 read with Section 120-B of IPC and has been sentenced to undergo R.I. for 3 years and fine of Rs. 5,000/- with

default stipulation by the learned 1st Additional Sessions Judge, Anuppur vide judgment dated 29.11.2022 passed in Session Trial No.75/2010 (State of MP Vs. Rukmesh Soni and others).

Learned counsel for the appellant has submitted that appellant has been

released on bail till 25.01.2023 by the trial Court. During trial, he was on bail and he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

O n the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.24109/2022 is allowed. The execution of jail sentence of appellant-Rukmesh Soni is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty Thousand only) 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 12.05.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for argument on admission after receipt of the record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

L.R.

Digitally signed by LALIT SINGH RANA Date: 2022.12.19 19:24:40 +05'30'