Rohit Bhenwal vs The State Of M.P.
2022 Latest Caselaw 12078 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                                 CRA No. 7859 of 2022
                           (ROHIT BHENWAL Vs THE STATE OF M.P.)

Dated : 12-09-2022
       Mr. Pranay Choubey, learned counsel for the appellant.

       Mr. Sourabh Shukla, learned Panel Lawyer for the respondent/State.

Heard on I.A. No.16837 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 read with Section 34 of the IPC and

sentenced to undergo RI for three years with fine of Rs.5,000/- 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 jail sentnece of the appellant has been suspended by the trial Court till 29.09.2022 and 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.

Learned Panel Lawyer for the State has opposed the application for suspension

of sentence and grant of bail.

Although record is yet to be received, however, looking to the nature of offence and testimonies of the witnesses, facts and circumstances of the case as well as the fact that disposal of this appeal would take considerable time, 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 Rohit Bhenwal shall remain suspended and he shall be released on bail on his furnishing a

personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand only) with a surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the Registry of this Court on 13.02.2023 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 three months for orders on admission.

(SMT. ANJULI PALO) JUDGE

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Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.09.13 06:47:36 -07'00'