Rajmal @ Nana vs The State Of Madhya Pradesh
2022 Latest Caselaw 849 MP

 THE HIGH COURT OF MADHYA PRADESH, INDORE
                  BENCH
                 CRA No.5797/2021
                     (Rajmal @ Nana Vs. State of M.P.)
Indore, dated 18/01/2022
        Heard through video conferencing.
    Shri S.K. Meena, learned counsel for the appellant .
      Ms. S. Maheshwari, learned P.L.. for the respondent /State.

Heard on I.A. No.27466/2021, an application for condonation of delay of 790 days in preferring this appeal.

It is submitted that the appellant was in jail and could not contact his Advocate, hence, prays for condonation of delay.

On due consideration of the aforesaid, the application is allwoed and the delay stands condoned.

Also heard on I.A. No.27896/2021, an application filed under Section 389 of Cr.P.C. For grant of suspension of jail sentence.

The appellant has been convicted and sentenced by the 4 th ASJ Mandsaur vide judgment dated 30.05.2019 passed in S.T. No.208/2017 as under:

   Conviction                            Sentence
Sections      and Imprisonment        Fine             Imprisonment     in
Act                                                    lieu of fine
394 and 397 of 7 years                2000/-           15 Days S.I.
IPC

Learned counsel for the appellant submits that the appellant is an innocent person and has been implicated falsely in the present case. The appellant has completed more than 04 years and 07 months out of the total 07 years of his sentence. The case of the appellant is similar to the co-accused and recovery has been made from co-accused also. The final hearing of this appeal is not possible in near future and the co- accused persons have already been granted suspension by this Court. Hence, remaining jail sentence of the appellant be suspended.

On the other hand, learned counsel for the State/respondent opposed the prayer.

Heard the counsel for the parties and perused the record. In due consideration of the submissions made on behalf of the parties, on perusal of the record and looking to the fact that the appellant has completed more than the half sentence awarded to him, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A. No.27896/2021 filed on behalf of appellant Rajmal @ Nana is allowed and it is directed that on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 25.02.2022 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

This is an admitted appeal.

List for final hearing in due course.

(Rajendra Kumar (Verma)) Judge

AMIT amit Digitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE,

KUMA postalCode=452001, st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d06ed 3c79a81bc156ec0309c5245d47a0a52604de , pseudonym=713D9BD68EDDADCD6B88DA 2B1BCDCFC0369478F5,

R serialNumber=62B9B1A094FCDF2F0107E91 326BC51DC9DCF83F25C9D67245FE3BCCF D0F2DB67, cn=AMIT KUMAR Date: 2022.01.19 10:41:04 +05'30'