Raju Batham @ Silver vs The State Of Madhya Pradesh
2023 Latest Caselaw 6610 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 4623 of 2023
                                          (RAJU BATHAM @ SILVER Vs THE STATE OF MADHYA PRADESH)

                          Dated : 24-04-2023
                                 Shri Harish Sharma, learned counsel for appellant.

                                 Ms. Padamshri Agarwal, learned Panel Lawyer for respondent/State.

This criminal appeal has been filed against the judgment dated 06.03.2023 passed in SC DOCT No.07/2016 by Special Judge (MPDVPK Act) Dabra District Gwalior whereby the appellant has been convicted under Section 394 of IPC r/w 11/13 of MPDVPK Act and sentenced to undergo seven years R.I.

with fine of Rs.5000/- and under Section 397 of IPC r/w 11/13 of MPDVPK Act and sentenced to undergo seven years R.I. with fine of Rs.5000/- with default stipulation.

The allegation against present appellant is that from his possession one knife was seized.

It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. The appellant has suffered more than one year and eleven months of incarceration as against seven years of jail

sentence awarded. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/24/2023 6:15:47 PM

No.7182/2023 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 7th August, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.7182/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary

compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/24/2023 6:15:47 PM