Raghvendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2972 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 12684 of 2022
                                     (RAGHVENDRA SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-02-2023
                                Shri Brajesh Kumar Tyagi, learned counsel for the appellants.

                                Shri Pramod Pachori, learned Panel Lawyer for respondent/State.

Heard on I.A.No.3422/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.2- Ramsahay Singh.

This criminal appeal has been filed against the judgment dated 21.12.2022

passed in S.T. No.148/2014 by Third Additional Sessions Judge Joura District Morena whereby the appellant has been convicted and sentenced under Section 326/34 of IPC for five years RI with fine of Rs.2000/- with default stipulation.

In brief case of the prosecution is that on 11.01.2014 at 7:30 pm when complainant Avdhesh was going to his house, at that time, near Parmanand Ka Kua co-accused Raghvendra alongwith other accused came there and started abusing him. When the complainant objected, appellant Ramsahay assaulted on the head and right leg of complainant by means of lathi due to which he got injuries. co-accused Raghvendra assaulted with complainant by means of Lathi

on the claw of this right hand and fingers. At that time, accused Sonu came there and pushed the deceased down due to which he fell down on the ground.

It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to them. Complainant sustained fracture due to assault made by co-accused Ramsahay. During trial appellant remained in custody from 03.03.2014 to 11.03.2014 and thereafter since the date of judgment, he is in custody. Appellant No.3-Sonu has been Signature Not Verified Signed by: MOHD AHMAD Signing time: 17-Feb-23 7:05:10 PM

granted the benefit of suspension of sentence by this Court by order dated 23.01.2023. Appeal is of the year 2022 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.3422/2023 is allowed.

It is therefore, directed that if appellant deposit the entire fine amount, if

not already deposited, and furnish a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal

Registrar of this Court on 19 th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application ( I.A. No.3422/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 17-Feb-23 7:05:10 PM