Rajesh @ Khiladi vs The State Of Madhya Pradesh
2022 Latest Caselaw 9782 MP

                              HIGH COURT OF MADHYA PRADESH,
                                    BENCH AT GWALIOR

                                                Cr.A. 1234/2016
                             (Ravi Malviya Vs. The State of Madhya Pradesh )
                                                      (1)

                    Gwalior, dated : 05/07/2022
                         Shri Padam Singh, learned counsel for the appellant.

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

                    respondent/State.

Heard on I.A. No. 31654/2021, which is First application

for suspension of sentence and grant of bail filed on behalf of the

appellant.

This appeal has been preferred against the judgment dated

24/10/2016 passed by 1st Additional Sessions Judge, District

Vidisha in S.T. No. 234/2013, whereby, the appellant has been

convicted under Section 394 r/w section 397 of IPC and

sentenced to undergo R.I. for Ten Years with fine of Rs. 1,000/-

with default stipulation.

Learned counsel for the appellant argued that the appellant

has falsely been implicated in the case. It is further argued that

there are omissions and contradictions in the evidence of the

prosecution witnesses. It is further submitted that prosecution has

not Signature Not Verified examined any independent witness, but only interested Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 15-07-2022 05:42:15 PM HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A. 1234/2016 (Ravi Malviya Vs. The State of Madhya Pradesh )

witnesses have been examined. There are fair chances of success

of this appeal. There is no possibility of hearing of this appeal in

near future. It is further argued that appellant has already served

total imprisonment of Nine years and Three months out of total

awarded sentence of Ten Years. Under these circumstances, the

execution of sentence be suspended and he be released on bail.

On the other hand, learned counsel appearing on behalf of

the respondent opposes the application for suspension of sentence

and grant of bail filed on behalf of the appellant and prayed for its

rejection.

Keeping in view the facts & circumstances of the case, but

without commenting on merit of the case, IA No. 31654/2021 is

allowed. It is directed that if appellant deposits the entire fine

amount, if not already deposited, and furnish personal bond in

the sum of Rs.50,000/-(Rupees fifty thousand) with two solvent

sureties in the like amount to the satisfaction of trial Court for his

appearance before the Registry of this Court on 30th July, 2022 Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 15-07-2022 05:42:15 PM HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A. 1234/2016 (Ravi Malviya Vs. The State of Madhya Pradesh )

and on such subsequent dates as may be fixed in this regard,

sentences of imprisonment awarded to him shall remain

suspended till further orders and he shall be released on bail.

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

(Sunita Yadav) Judge Durgekar*

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 15-07-2022 05:42:15 PM