Raghuraj vs The State Of Madhya Pradesh
2022 Latest Caselaw 8647 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                               CRA No. 66 of 2019
                       (RAGHURAJ Vs THE STATE OF MADHYA PRADESH)

Dated : 29-06-2022
       Shri Susendra Singh Parihar, learned counsel for the appellant.

       Shri Avneesh Singh, learned Public Prosecutor for the respondent/State.

Heard on I.A. No. 5804 of 2022, which is third application under Section 389 Cr.P.C. for suspension of sentence and grant of bail to the appellant- Raghuraj.

This Criminal Appeal assails the judgment dated 01.12.2018 passed in

ST No.08/18 by learned Special Sessions Judge Shivpuri, District Shivpuri whereby, appellant stands convicted under Section 363 of IPC and sentenced to undergo 5 years RI with a fine of Rs.2000/- & under Section 366 of IPC and sentenced to undergo RI for 10 years with fine of Rs. 2000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. The appellant is in jail since the date of judgment i.e. 01.12.2018 and he remained in custody during trial also and he has not misused the liberty so

granted to him. Disposal of the appeal will take considerable 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. 5804 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 26/07/2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

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

I.A. No.6814/2022, an application for urgent hearing stands disposed of. Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Van

VANDANA VERMA 2022.06.29 17:26:39 -07'00'