Ravi @ Rocky Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 13285 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 11822 of 2022
                                         (RAVI @ ROCKY KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-08-2023
                                 Ms. Durgesh Gupta - Advocate for the appellant.

                                 Shri Shailendra Mishra - Panel Lawyer for the respondent/State.

Heard on I.A. No.23836/2022, which is first application under section 389(1) of Cr.P.C. filed on behalf of the appellant Ravi alias Rocky Kushwaha for suspension of sentence and grant of bail.

The appellant has been convicted for the offences punishable under Sections 307/34 of IPC and sentenced to undergo R.I for 7 years and fine of Rs.4,000/- and Section 323/34 of IPC and sentenced to undergo R.I. for 6 months and fine of Rs.500/- and Section 25(1-B)(b) of Arms Act and sentenced to undergo R.I for 1 year with fine of Rs.500/- respectively with default stipulations. The appellant is in jail.

Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offences. All the

co-appellants have been granted benefit of bail by this Court, hence the present appellant may also be given the benefit of bail on the ground of parity. There is a bleak possibility of disposal of this appeal in near future, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

Learned counsel for the State has opposed the bail application. Heard learned counsel for both the parties and perused the judgment and record of the court below.

Signature Not Verified Signed by: VINOD SHARMA Signing time: 8/17/2023 5:47:22 PM

Considering over all facts and circumstances of the case and the fact that all the co-appellants have been granted the benefit of bail as well as the fact that the hearing of appeal may take considerable time, I find it to be a fit case to suspend the jail sentence of the appellant Ravi alias Rocky Kushwaha and to release him on bail on the ground of parity, therefore, without commenting on the merits of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant Ravi alias

Rocky Kushwaha shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 16.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, I.A. No.23836/2022 stands allowed and disposed of. List this case for final hearing along with Cr.A.No.11180/2022.

(ANURADHA SHUKLA) JUDGE

Vin**

Signature Not Verified Signed by: VINOD SHARMA Signing time: 8/17/2023 5:47:22 PM