Rambabu Rajpoot vs The State Of Madhya Pradesh
2022 Latest Caselaw 3704 MP

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           The High Court Of Madhya Pradesh
                     CRR No. 907 of 2022
                     (RAMBABU RAJPOOT Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 15-03-2022
      Mr.S.N.Pandey, learned counsel for the appellant.

      Mr.J.K.Lodhi, learned Panel Lawyer for the respondent/State.

Let record of the courts below be requisitioned. Heard on the question of admission.

The revision is admitted for hearing.

Considered I.A.No.4413/2022, which is first application for suspension of

sentence and grant of bail on behalf of the applicant.

By the impugned judgment dated 14.2.2022 passed by Second Additional Sessions Judge, Nowgong, District Chhatarpur in Criminal Appeal No.17/2019 the applicant has been convicted for offences under sections 452 & 323/34 of the Indian Penal Code and sentenced to undergo R.I. for 1 year & 03 months and fine amount of Rs.400/- & Rs.200/- respectively with default stipulations.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The learned courts below have not properly appreciated the oral and documentary evidence available on record.

The applicant is in custody since 03.3.2022. He was on bail during trial. Final disposal of this revision would considerable time. Therefore, prayer has been made to suspend the remaining jail sentence of the applicant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; nature of allegations against the applicant; sentence awarded by the courts below; period of custody; the applicant was bail during trial; and final disposal of this revision would take considerable time, the application for suspension of sentence is allowed.

It is directed that on depositing fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.35,000/-(Rupees Thirty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of

the trial Court concerned, remaining jail sentence imposed upon applicant- Rambabu Rajpoot shall remain suspended during the pendency of this revision and he shall be released on bail.

I.A.No.4413/2022 is allowed.

The applicant shall appear before the trial Court on 25.07.2022 and on all such subsequent dates, as may be fixed in this regard.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.03.15 18:26:13 IST