Raju Rathour vs The State Of Madhya Pradesh
2022 Latest Caselaw 3937 MP

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    IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                              CRA No. 1844 of 2020
                     (RAJU RATHOUR Vs THE STATE OF MADHYA PRADESH)

Dated : 22-03-2022
      Shri Saurabh Shrivastava, learned counsel for the appellant.
      Shri Kishore Roy, learned Panel Lawyer for the respondent/State.

Record of the Trial Court has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final hearing.

Also Heard on I.A.No.3615/2020, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail.

The appellant has been convicted under Sections 324 of IPC and has been sentenced to undergo R.I. for 1 year with fine of Rs. 5,000/-. Default stipulation

has also been imposed by 22n d ASJ Bhopal vide impugned judgment dated 12.02.2020 passed in S.T. No. 443/2018.

Learned counsel for the appellant submitted that appellant is an innocent person and has been falsely implicated in this case. Appellant has fair chances in succeeding the appeal as no cogent evidence is available against him. He was

temporarily released on bail by the learned trial Court after convicting and passing the order. This Court has extended the period of bail granted by learned trial Court. Learned counsel for the appellant further submits that there are material contradictions and omissions in the evidence of prosecution witnesses. Therefore, it has been prayed that jail sentence be suspended till final disposal of the appeal.

The prayer is opposed by learned Panel Lawyer for the respondent/State. Considering the short nature of sentence, evidence of witnesses on the record and contention of learned counsel for the appellant and the fact that there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid I.A.No.3615/2020 is allowed. The execution of jail sentence of appellant-Raju Rathour is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.40,000/-

(Rupees Forty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the Registry of this Court on 06.09.2022 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

L.R.

Digitally signed by LALIT SINGH RANA Date: 2022.03.22 18:11:56 +05'30'