Rajkumar @ Deni vs The State Of Madhya Pradesh
2023 Latest Caselaw 1645 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                         CRA No. 11143 of 2022
                                          (RAJKUMAR @ DENI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 30-01-2023

                                  Mr. J.S. Rathore - Advocate counsel for the appellants.

                                  Mr. V.P.S. Tomar - Panel Lawyer for the respondent-State.

Admit.

Heard on I.A. No.18689 of 2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the

appellants.

This Criminal Appeal assails the judgment dated 29.10.2022 passed in Special Sessions Trial No.17/2017 by Special Judge (M.P.D.V.P.K. Act), Karera, District Shivpuri (M.P.) whereby, appellants stood convicted under Section 399 IPC read with Section 11/13 of M.P.D.V.P.K. Act, Section 400 IPC read with Section 11/13 of M.P.D.V.P.K. Act and Section 402 IPC read with Section 11/13 of M.P.D.V.P.K. Act and sentenced to undergo rigorous imprisonment of five years with fine of Rs.1,000/-, five years with fine of Rs.1,000/- and five years with fine of Rs.1,000/- respectively with default

stipulation.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without proper appreciation of facts of the case. He further submits that the independent witnesses have not supported the case of the prosecution. It is further submitted that appellants have already suffered seven months, eight months, twenty five days and four and half months respectively of incarceration out of total jail sentence of five years and final hearing of this appeal will take long time. Hence, prayed to suspend the jail Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 1/31/2023 9:40:56 AM

sentence and grant of bail to the appellants.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments rendered by learned counsel for the appellant as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 18689 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with a solvent surety of the

like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 14/03/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 1/31/2023 9:40:56 AM