Rajkumar @ Chandak Beliya vs The State Of Madhya Pradesh
2023 Latest Caselaw 20630 MP

Madhya Pradesh High Court

Rajkumar @ Chandak Beliya vs The State Of Madhya Pradesh on 6 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 14395 of 2023
                                       (RAJKUMAR @ CHANDAK BELIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-12-2023
                                 Shri Neeraj Dubey - Advocate for the appellant.

                                 Shri Arvind Singh - Government Advocate for the respondent/State.

Heard on IA No. 27087 of 2023 for condonation of delay of 313 days. Since delay is properly explained in IA No.27087 of 2023, therefore the same is allowed. Delay in filing the appeal is hereby condoned.

The appeal is admitted for final hearing.

Also heard on I.A. No.27086/2023, which is first application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Rajkumar @ Chandak Beliya aris ing out of judgment dated 01.11.2022 delivered in S.T. No.128/2021 passed by First Additional Sessions Judge, Narmadapuram (MP).

The appellant has been convicted for the offence punishable under Section 392 Part- II read with 34 (two counts) of IPC and sentenced to undergo R.I. for 3 years and fine of Rs. 30,000/-, with default stipulation.

Learned counsel for the appellant submits that this Court was kind enough for suspending the remaining jail sentence of co-accused persons Bhairam Gour in CRA No.3197 of 2023 on 16.06.2023 and Shubham Ahirwar in CRA No.10478 of 2022 on 29.11.2022. The present appellant has undergone more than two and half years actual sentence out of three years sentence imposed on him. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Learned Government Advocate for the State opposed the prayer but he

did not dispute the fact that co-accused persons have been given benefit of suspension of sentence and present appellant has undergone two and half years of sentence.

We have heard learned counsel for the parties at length and perused the record.

Considering the factual backdrop and period of actual custody and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.27086 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant -Rajkumar @ Chandak Beliya be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Narmadapurma on 08.01.2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

(SUJOY PAUL) JUDGE

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