Raja @ Rajesh @ Heeralal vs The State Of Madhya Pradesh
2023 Latest Caselaw 5507 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 2326 of 2021
                                        (RAJA @ RAJESH @ HEERALAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-04-2023
                                 Shri Surendra Tuteja, learned counsel for the appellant.

                                 Shri Hemant Sharma, learned counsel appearing on behalf of
                           Advocate General.

                                 Record of the trial Court has been received.
                                 Heard on admission.

                                 Appeal is admitted for hearing.
                                 Heard on IA No. 4585/2023 which is an application filed under section
                           389 (1) of Cr.P.C on behalf of appellant Raja @ Rajesh @ Heeralal S/o Jalam
                           Singh for grant of bail and suspension of remaining jail sentence.
                                 The trial Court has convicted the present appellant under Section 420,
                           467, 468 and 471 of IPC and sentenced to undergo seven years' RI with fine of
                           Rs.2,000/- respectively with default stipulation vide judgment of conviction and
                           order of sentence dated 15.2.2021 passed by 5th Additional Sessions Judge,
                           Dewas, District Dewas in S.T. No.368/2019.

                                 Prosecution story, in brief, is that appellant along with other co-accused
                           person was having and using motorcycles with forged number plates,
                           manipulated the chassis and engine numbers posing the same as genuine.
                                 Learned counsel for the appellant submits that the appellant has suffered
                           the jail sentence for more than three years and seven months, which is more
                           than 50% of the awarded jail sentence. The co-accused Ravish @ Latiya (co-
                           appellant in Criminal Appeal No.3361/2021) has already been enlarged on bail
                           and his remaining jail sentence has already been suspended by this Court vide
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 03-04-2023
18:24:14
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                           order dated 23.02.2022, on the basis of the undergone period of jail sentence
                           which is more than 50% of the awarded sentence. The case of the present
                           appellant is similar to the case of co-accused Ravish @ Latiya. The appellant is
                           a permanent resident of District Dewas. Final hearing of the appeal will take
                           considerable long time. Under these circumstances, learned counsel prays that
                           the application be allowed and the remaining jail sentence of the appellant be
                           suspended till final disposal of the appeal.
                                 Learned counsel for the respondent / State opposed the prayer for grant

of bail and suspension of remaining jail sentence of the appellant by submitting that the appellant has been properly convicted and sentenced by the trial Court.

From perusal of the Jail Confinement Certificate / report regarding the jail sentence already suffered by the appellant filed by the appellant, it appears that the present appellant has suffered the jail sentence of more than three years and seven months, which is more than 50% of the awarded sentence for the aforesaid offences. The jail sentence of co-accused Ravish @ Latiya has already been suspended by this Court vide order dated 23.02.2022 in Criminal Appeal No.3361/2021 in similar circumstances.

Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the final hearing of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, IA No.4585/2023 is a llo we d and the execution of remaining jail sentence of the appellant is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail upon his depositing the fine amount, if not already deposited, and upon

Signature Not Verified furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety of Signed by: RAMESH CHANDRA PITHAWE Signing time: 03-04-2023 18:24:14

the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 05.10.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

C.C. as per rules.

(ANIL VERMA) JUDGE

rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 03-04-2023 18:24:14