Gopal Rajak (Dhobhi) vs The State Of Madhya Pradesh
2022 Latest Caselaw 8569 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                               CRA No. 422 of 2022
                 (GOPAL RAJAK (DHOBHI) Vs THE STATE OF MADHYA PRADESH)


Dated : 28-06-2022
      Shri Deependra Singh Raghuvanshi - Advocate for the appellant.

      Smt. Abha Mishra - Public Prosecutor for the respondent/State.

I.A. No.541/2022, an application for urgent hearing, is taken up, considered

and allowed for the reasons mentioned therein.

Heard on I.A.No.542/2022, first application under Section 389(1) of Cr.P.C.

for suspension of jail sentence moved on behalf of the appellant - Gopal Rajak

(Dhobhi)

This criminal appeal has been filed against the judgment dated 25/10/2021

passed by First Additional Sessions Judge, Ashoknagar (M.P.) in Sessions Case

No.10/2015 by which appellant has been convicted under Sections 182, 193, 195,

211, 120-B of IPC and sentenced to undergo six months RI, three years RI, ten

years RI, one year RI and ten years RI respectively along with fine of Rs.1,000/- -

rs.1,000/- with default stipulations.

It is submitted by the learned counsel for appellant - Gopal Rajak (Dhobhi)

that this is the first application for suspension of sentence on behalf of the

appellant. Appellant has wrongly been convicted & sentenced by the trial Court.

There are lots of contradictions and omissions in the evidence of the prosecution

witnesses. Learned counsel for the appellant further submits that the jail sentence

of co-convicted accused Guddi Bai has already been suspended by this Court vide

order dated 13/12/2021 passed in Criminal Appeal No.6673/2021. It is also

submitted that the case of present appellant is on same footing. Fine amount has already been deposited by the appellant. Final hearing of this appeal shall take

considerably long time. Therefore, considering the aforesaid facts of the case, 2 of 2

learned counsel prayed to suspend the jail sentence of the appellant.

Learned State counsel has vehemently opposed the submissions and prayed

to reject the application filed for suspension of sentence.

Heard learned counsel for the parties and perused the documents available on

record.

Considering the arguments advanced by learned counsel for the parties along

with facts and circumstances of the case and the fact that the jail sentence of

co-convicted accused Guddi Bai has already been suspended by this Court, without

commenting on merits of the case, I.A. No.542/2022 is hereby allowed. Subject to

depositing of fine amount, if not already deposited, and on furnishing personal

bond of with one solvent

surety of the like amount to the satisfaction of the concerned Court, the remaining

jail sentence of 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 first on 11/08/2022 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.

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

information.

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

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar Digitally signed by SHUBHANKAR MISHRA Date: 2022.06.28 17:46:30 +05'30'