Rameshchandra vs The State Of Madhya Pradesh
2022 Latest Caselaw 2397 MP

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             The High Court of Madhya Pradesh
                                                          Cr.A.No.824/2022

                    (Rameshchandra Vs. State of M.P.)

Gwalior dated 21.2.2022

      Shri Ravi Dwivedi, learned counsel for the appellant.

      Shri   B.P.S.Chauhan,     learned    Public    Prosecutor   for   the

respondent/State.

I.A.No.1307/2022, an application for exemption to file certified

copy of the impugned judgment, is allowed for the reasons mentioned

therein.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court has been received.

Also heard on IA.No.1308/2022, first application u/Sec. 389(1)

of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant- Rameshchandra.

This criminal appeal has been filed against the judgment dated

28.12.2021 passed in S.T.No.8/2014 by the Eighth Additional Sessions

Judge, Gwalior, convicting appellant under Sections 420, 466, 468,

471, 201 of IPC with maximum jail sentence of two years RI.

It is submitted by learned counsel for the appellant that out of

maximum jail sentence of two years, appellant has already suffered

more than three months incarceration. During trial appellant was on

bail, but he did not misuse the liberty so granted. Amount of fine has

been deposited by him. Final hearing of the appeal will take time and

appellant has a good case on merit. Therefore, prayer for suspension of

The High Court of Madhya Pradesh Cr.A.No.824/2022

sentence has been made.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.1308/2022 is allowed and

it is directed that jail sentence of appellant- Rameshchandra will remain

under suspension subject to verification that amount of fine has been

deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees

Twenty Five Thousand Only) with one solvent surety of the like

amount to the satisfaction of concerned Trial Court for his appearance

before the Principal Registrar of this Court on 25th July, 2022 and on

such further dates as may be fixed by the office in this regard till

disposal of the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.02.21 17:10:32 +05'00'