Ramvaran Rawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 10185 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                              CRA No. 4322 of 2022
                    (RAMVARAN RAWAT Vs THE STATE OF MADHYA PRADESH)

Dated : 27-07-2022
       Mr. Akhlesh Kumar Gupta, learned counsel for the appellant.

       Mr. Avnish Singh, learned Public Prosecutor for the respondent-State.

Heard on I.A. No. 10551 of 2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 28.02.2022 passed in

Case No. SC DOCT/900002/2016 by Special Judge, (MPDVPK Act) Gwalior whereby appellant stands convicted under Section 395 of IPC and Section 11/13 of MPDVPK Act and sentenced him to undergo 10 years RI with a fine of Rs.2,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. It is further submitted that there are material contradiction and omission in the statement of witnesses. Seizure has not been properly proved. The appellant has suffered 4 years and 3 months incarceration of the total punishment of ten

years. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties,

without commenting on merits of the case, I.A.No. 10551 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining 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 23/08/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for

compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

bj/-

BARKHA SHARMA 2022.07.27 17:09:53 +05'30'