Raju vs The State Of Madhya Pradesh
2022 Latest Caselaw 1417 MP

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      The High Court Of Madhya Pradesh
                 CRA-1015-2022
                    (RAJU Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated:-01/02/2022
      Heard through Video Conferencing.

      Shri Avadhesh Parashar, learned counsel for the appellant.

      Shri    Manish     Nayak,     learned    Panel    Lawyer      for   the

respondent/State.

Admit.

Record of Courts below be called for.

Heard on I.A.No.1634/2022, first application under Section 389

of Cr.P.C. for suspension of jail sentence on behalf of the appellant.

This criminal appeal has been filed against the judgment dated

11/01/2022 passed by IIIrd Additional Sessions Judge, Bhind in S.T.

No.57/2017.

The appellant has been convicted and sentenced as under:-

Section             Sentence           Fine                 In        default
                                                            stipulation
325 of IPC          one year of R.I. Rs.1000/-              03 months R.I.

It is submitted by the learned counsel for appellant that this is

the first application for suspension of sentence on behalf of the

appellant. Appellant has wrongly been convicted & sentenced by the

trial Court. There are lot of contradictions and omissions in the

evidence of the prosecution witnesses. Fine amount has already been

deposited by the appellant. It is also submitted that hearing of this

appeal shall take considerably long time. Therefore, prays to suspend

The High Court Of Madhya Pradesh CRA-1015-2022 (RAJU Vs THE STATE OF MADHYA PRADESH)

the jail sentence of the appellant.

Learned State counsel has vehemently opposed the submission

and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the

documents available on record.

Considering the short term of sentence awarded by the trial

Court as well as affirmed by the Appellate Court, the application for

suspension of sentence is allowed. On furnishing personal bond of

Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety

of the like amount to the satisfaction of the concerned Trial Court, the

jail sentence of the appellant shall remain suspended and he be

released on bail. The appellant is further directed to mark his

appearance before the Office of this Court on 25/04/2022 and on other

subsequent dates as may be given by the Office in this regard, till final

disposal of this appeal.

List the case for final hearing in due course.

Certified copy as per rules.

(Rajeev Kumar Shrivastava) Judge MKB

Digitally signed by MAHENDRA BARIK Date: 2022.02.04 11:42:30 +05'30'