Rambaran Rawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 13930 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                              CRA No. 2283 of 2021
                   (RAMBARAN RAWAT Vs THE STATE OF MADHYA PRADESH)

Dated : 28-10-2022
         Shri Akhlesh Gupta, learned counsel for the appellant.

         Shri Naval Kishore Gupta, learned Public Prosecutor for the respondent-

State.

Heard on I.A. No.15738 of 2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 02.02.2021 passed in S.T. No.52/2016 by Sessions Judge, Gwalior (M.P.) whereby, appellant stands convicted under Section 307 of IPC and sentenced him to undergo Five years' RI with a fine of Rs.5,000/- 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 has already suffered more than three years' of incarceration as against five years R.I. awarded. It is further argued that there are lots of contradictions and omissions in the evidence of the prosecution witnesses. 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.

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. 15738 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 one 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 20.12.2022 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.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

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Digitally signed by VIPIN KUMAR AGRAHARI VALSALA VASUDEVAN Date: 2022.10.29 11:17:55 +05'30' 2018.10.26 15:14:29 -07'00'