Mukesh Rai vs The State Of Madhya Pradesh
2023 Latest Caselaw 14022 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         CRA No. 10187 of 2023
                                         (MUKESH RAI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 25-08-2023
                                 Shri Rishikesh Bohare - learned counsel for the appellant.

                                 Shri Purshottam Tanwar - learned Panel Lawyer for the respondent-State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Also heard on IA No. 14834/2023, first application under Section 389(1) Cr. P.C. moved on behalf of the appellant seeking suspension of

sentence and grant of bail.

Appellant stand convicted under Sections 354 of the IPC read with Section 3(2)(va) of the SC/ST Act and Section 354-D of the IPC read with Section 3(2)(va) of the SC/ST Act and sentenced to undergo one year rigorous imprisonment with fine of Rs. 1000/- respectively with default stipulation vide judgment of conviction and sentence dated 27/07/2023 passed by Special Jude, (SC/ST Act) Guna (M.P.) in Special S.T. No. 05/2021.

Learned Counsel for appellant submits that the learned Trial Court has committed an error in convicting and sentencing the present appellant without

appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. The appellant was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the appellant. The jail sentences of appellant was suspended by learned trial Court, under Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be Signature Not Verified Signed by: MONIKA SHARMA Signing time: 26-08-2023 12:15:39 PM

suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection. He contends that victim has been given notice in filing of this appeal. No case is made out for suspension of sentence.

Upon hearing learned Counsel for the parties, regard being had to the period of short sentence awarded to the appellant, but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellant shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond

in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 06/11/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 14834/2023 stands allowed and disposed of. List in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 26-08-2023 12:15:39 PM