Rajesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 7399 MP

                                                      1                                        CRA No.1437/2022



          High Court of Madhya Pradesh, Jabalpur
                      Bench at Indore
            Criminal Appeal No.1437/2022
Indore, Dated 17.05.2022
      Shri Kushagra Jain, learned counsel for appellant Rajesh s/o
Govind.
      Shri Govind Purohit, learned Government Advocate for the
respondent / State of Madhya Pradesh.

Heard on IA No.6865/2022, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by learned 3rd Additional Sessions Judge, Barwaha, District Mandleshwar (MP) in Sessions Trial No.100076/2011 vide judgment dated 8th December, 2021, as under: -

               Conviction                                   Sentence
     Section          Act     RI           Fine              Imprisonment in lieu of fine
                                          amount
       450            IPC   10 years     Rs.5,000/             6 months additional RI
       394            IPC   10 years     Rs.5,000/-            6 months additional RI
       397            IPC   7 years          -                            -

Counsel for the appellant has submitted that the present appellant was on bail during the trial and there is material omissions and contradictions in the deposition of eye witness Vinod who has clearly stated in his statement recorded under Section 164 of Cr.P.C. that he could not see the accused persons despite this he has identified the accused persons which in itself is sufficient to raise

suspicion regarding the veracity of the case of the prosecution.

It is further submitted that only a sum of Rs.8,000/- (rupees eight thousand) has been recovered from the appellant and that too after more than a month which were not identified, as the amount robbed from the complainant.

It is further submitted that there is no possibility of early disposal of this appeal in near future. Under these circumstances, counsel for the appellant prays for suspension of jail sentence of the appellant and grant of bail to him.

Counsel for the respondent / State of Madhya Pradesh, on the other hand, opposed the application by submitting that no sufficient ground is made out for releasing the appellant on bail; hence the application filed by the appellant be dismissed.

Having considered the rival submissions and on perusal of the record as also the deposition of PW-1 Vinod Kumar Jain and further taking note of the fact that the appeal is not likely to be heard at an early date, this Court is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.6865/2022 is allowed, subject to depositing the fine amount, if any, and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his / her regular appearance before

concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant (s) shall remain suspended, till the final disposal of this appeal.

The appellant (s), after being enlarged on bail, shall mark his / her presence before the concerned trial Court on 11.08.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

All the other pending interlocutory applications (including urgent hearing during summer vacation), if any, shall stand disposed of.

Certified copy as per rules.

(Subodh Abhyankar) Vacation Judge rcp

RAMESH CHANDRA PITHWE 2022.05.18 16:13:03 +05'30'