Raghvendra @ Lucky Gautam vs The State Of Madhya Pradesh
2023 Latest Caselaw 22253 MP

Madhya Pradesh High Court

Raghvendra @ Lucky Gautam vs The State Of Madhya Pradesh on 22 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 1768 of 2023
                                       (RAGHVENDRA @ LUCKY GAUTAM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-12-2023
                                 Shri S.K. Pathak - Advocate for appellant.

                                 Shri Yadvendra Dwivedi - Panel Lawyer for respondent/State.

Heard on I.A. No.19972/2023, which is repeat (third) application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant- Raghvendra @ Lucky Gautam.

Earlier applications for suspension of custodial sentence and grant of bail have already been dismissed by this Court.

The appellant has been convicted vide judgment dated 26/12/2022 passed by Sixth Additional Sessions Judge, Satna in S.T. No. 456/2021 and he has been convicted for offence punishable under Sections 3 and 5 of Explosive Substance Act and sentenced to undergo RI for 5 years and to pay fine of Rs.3,000/- for each offence respectively with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed

grave error in convicting the appellant for aforesaid offence. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellants prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellant and prays for rejection of said

application.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant - Raghvendra @ Lucky Gautam shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties of Rs.25,000/- each in like amount to the satisfaction of the trial Court for securing his presence

appearance before the trial Court on 05/02/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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