Ramgopal vs The State Of Madhya Pradesh
2022 Latest Caselaw 1193 MP

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              HIGH COURT OF MADHYA PRADESH,
                         BENCH AT INDORE
                          CRA NO.641/2022
  Ramgopal s/o Mansingh Raghuvanshi vs. State of M.P through PS
                        Betma, district Indore
25.01.2022: (INDORE):
      Shri Nilesh Manore, learned counsel for the appellant.
      Shri Anubhav Pandey, learned Panel Advocate for the State.
      Office is directed to requisition the record of the Court below
and list thereafter for admission along with record.
      Heard on IA No.799/2022, an application for suspension of
sentence.
      Appellant has filed this appeal against the judgment dated
24.12.2021 passed by Special Judge (SC/ST Act) in Special Case
No.08/2014 whereby the learned trial Court has convicted the
appellant under sections 354 & 323 of the IPC and sentenced him to
undergo RI for one year with fine of Rs.1000/- and with fine of
Rs.1000/- with further default stipulation.
      Learned counsel for the appellant submits that the trial Court
has committed an error in appreciating the evidence and convicting
the appellant. The appellant was on bail during trial and he never
misused the liberty granted by the court. The hearing of this appeal
would likely to take long time, hence prayed for suspension of
sentence and release of appellant on bail.
      On the other hand, learned counsel for the respondent/State

opposed the prayer.

Considering the facts and circumstances of the case, the fact that sentence is a short one and the fact that this appeal is likely to take time for final hearing, the application is allowed and it is directed that the jail sentence passed against the appellant shall remain suspended and he be released on bail upon his depositing the

-2- CRA NO.641/2022

fine amount (if already not deposited) and furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 13.06.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Before releasing the appellant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.

(VIVEK RUSIA) JUDGE Digitally signed by HARI KUMAR C G NAIR Date: 2022.01.25 18:19:41 hk/ +05'30'