Rajesh Baghel vs The State Of Madhya Pradesh
2022 Latest Caselaw 13513 MP

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            THE HIGH COURT OF MADHYA PRADESH
                        CRA No. 8853 of 2022
            [RAJESH BAGHEL Vs THE STATE OF MADHYA PRADESH]


Dated :13.10.2022

      Shri R.K. Sharma, learned counsel for appellant.

      Shri P. Tanwar, learned Panel Lawyer for respondent/State.

This criminal appeal assails the judgment dated 16/09/2022 passed

in Sessions Trial No.44/2021, by Sessions Judge, District, Bhind

whereby the appellant has been convicted as under. :-

           Section          Imprisonment                Fine
     325/34 of IPC        Three years' R.I.   Rs.3,000/-with   default
                                              stipulation
     323/34 of IPC        Three Months' R.I. Rs.500/-with      default
                                             stipulation

I.A.No.15384/2022 first application u/S.389(1) of Cr.P.C. for grant

of suspension of sentence moved on behalf of sole appellant- Rajesh

Baghel is taken up and considered.

It is submitted by learned counsel for appellant that the trial Court

has wrongly convicted the appellant without appreciating the materials

and evidence available on record. The appellant has suffered almost

seven months of incarceration as against three years' rigorous

imprisonment awarded. The appellant was on bail during trial and never

misused the liberty granted to him. It is further argued that there are lots

of contradictions and omissions in the evidence of the prosecution

witnesses. Fine amount has already been deposited. Disposal of appeal

shall take considerable time, therefore, he prays for suspension of

sentence and grant of bail to the appellant.

Per contra, learned Public Prosecutor for the respondent/State

vehemently opposed the prayer and submitted that the prosecution has

proved its case beyond doubt. Hence, prayed to reject the application.

Keeping in view, the facts and circumstances of the case, without

expressing any opinion on merits, the application (I.A.No.15384/2022)

for suspension of sentence is hereby allowed.

It is directed that jail sentence of appellant will remain under

suspension subject to depositing fine amount and on furnishing personal

bond of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent

sureties of the like amount to the satisfaction of the concerned trial

Court, for his appearance before the Registry of this Court on 14/12/2022

and thereafter on all subsequent dates as may be fixed by the office.

Application (I.A.No.15384/2022) stands disposed of.

Certified copy as per rules/directions.

(SUNITA YADAV) JUDGE vpn Digitally signed by VIPIN KUMAR AGRAHARI VALSALA VASUDEVAN 2018.10.26 Date: 2022.10.14 09:45:14 +05'30' 15:14:29 -07'00'