Rajkaran Kewat vs The State Of Madhya Pradesh
2022 Latest Caselaw 13984 MP

                                                                      1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                               CRA No. 8762 of 2022
                                                     (RAJKARAN KEWAT Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 31-10-2022
                                          Mr. Vivek Shukla, learned counsel for the appellant.

                                          Mr. Satyapal Chadhar, learned Panel Lawyer for the respondent/State.

As the appeal is barred by only one (1) day which is not an inordinate delay, hence for the reasons stated therein, I.A. No.19017 of 2022, an application under Section 5 of the Limitation Act is hereby allowed, delay in filing the appeal is condoned.

Although record is not available, however, keeping in view the nature of offence and period of sentence awarded by the trial Court, also heard on I.A. No.18381 of 2022, which is an application filed by the appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial Court for offences punishable under Section 435 of the Indian Penal Code and sentenced to undergo RI for 2 year with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has not

appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. There are material contradiction and omission in the testimonies of the witnesses. The final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Signature Not Verified SAN Learned Government Advocate for the State has opposed the application Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.11.01 16:23:02 IST for suspension of sentence and grant of bail.

I have heard learned counsel for the parties and perused the record. The appellant is in jail and final disposal of this appeal would take considerable time. Hence, keeping in view the findings recorded by the trial Court as well as other facts and circumstances of the case, without commenting on merits of the case, I deem it appropriate to suspend the jail sentence of the appellant and to release him on bail. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that execution of remaining jail sentence of the appellant - Rajkaran Kewat shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand

only) with a surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the trial Court on 27.02.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Let the record of the court below be requisitioned. List the case after eight weeks.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.11.01 16:23:02 IST