Rajesh Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 22121 MP

Madhya Pradesh High Court

Rajesh Pandey vs The State Of Madhya Pradesh on 21 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 1937 of 2023
                                              (RAJESH PANDEY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 21-12-2023
                                  Shri Binod Tiwari - Advocate for appellant.

                                  Smt.Smita Kehari - Panel Lawyer for respondent/State.

Heard on I.A.No.28812/2023, which is repeat (second) application under Section 389(1) of the Cr.P.C. filed on behalf of appellant for suspension of sentence and grant of bail.

Earlier application for suspension of custodial sentence and grant of bail has been dismissed as withdrawn by this Court, vide order dated 23/09/2023.

The appellant has been convicted vide judgment dated 07/12/2022 passed by Additional Sessions Judge, Tyonthar, District Rewa in S.T. No.136/2021 for the offence punishable under Sections 392 of the IPC and sentenced him to undergo R.I. for five years with fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant submitted that the trial Court has wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution

witnesses. The appellant is in custody since 17/08/2021, hence he prayed for suspension of jail sentence and release the appellant on bail as final hearing of this appeal will take time.

On the other hand, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that the appellant is in custody since 17/08/2021 and according to listing policy the hearing of this appeal will take

time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during pendency of this appeal and he be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 15/02/2024 and on such further dates as may be fixed by trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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