Lekhraj vs The State Of Madhya Pradesh
2023 Latest Caselaw 12313 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 7980 of 2023
                                                 (LEKHRAJ Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-08-2023
                                  Shri Ayush Saxena- Advocate for the appellant.

                                  Shri Prabhat Pateriya- Public Prosecutor for the respondent - State.

Heard on I.A.No.11551/2023, an application under Section 5 of Limitation Act for condonation of delay in filing the instant appeal is taken up, considered and allowed for the reasons mentioned therein.

Delay of 08 months 21 days in filing the instant appeal is hereby

condoned.

Also heard on the question of admission; This appeal appears to be arguable, hence, it is admitted for final hearing.

Heard on I.A. No.14475 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by all the appellant.

This Criminal Appeal assails the judgment dated 28.07.2022 passed by Exclusive Special Judge (Atrocities Act), Morena, District Morena (M.P.) in

Special Case No.210/2015, whereby appellant has been convicted and sentenced under Section 304 (Part-II) of IPC to undergo rigorous imprisonment of Seven Years with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without considering the material and evidence available on record. It is further submitted there are material omissions and contradictions in the evidence of the prosecution witnesses. Further argument is Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 03-08-2023 09:59:06 AM

that that the appellant has already served three and half year of incarceration out of total jail sentence of seven year. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

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.14475 of 2023 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. Appellant is further directed to mark his appearance before the Office of this Court on 26.10.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. 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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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 03-08-2023 09:59:06 AM