Raghvendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1337 MP

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 : 23-01-2023 Shri B.K. Tyagi, learned counsel for appellants.

Shri Avneesh Singh, learned Public Prosecutor for State.

Heard on I.A.No.20383/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.3- Sonu Singh.

This criminal appeal has been filed against the judgment dated 21.12.2022 passed in S.T. No.148/14 by Third Additional Sessions Judge Joura District Morena whereby 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 accused Raghuveer alongwith other accused came there and started abusing him. When the complainant objected, accused Ramsahay assaulted on the head and right leg of complainant with Lathi due to which he got injuries.

Accused Raghvendra assaulted with complainant with Lathi on the claw of this right hand and fingers. At that time, present appellant came there and pushed the deceased down due to which he fell down on the ground.

It is submitted by counsel for the appellants that the appellants were on bail during trial and they did not misuse the liberty granted to them. Complainant sustained fracture due to assaulted made by co-accused Ramsahay. During trial appellant remained in custody from 03.03.2014 to 10.03.2014 and thereafter since the date of judgment, he is in custody. Appeal is of the year 2022 which Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 24-Jan-23 2:13:22 PM

may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellants 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.20383/2022 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 June, 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.20383/2022) 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

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 24-Jan-23 2:13:22 PM