Raj Kumar Tomar vs The State Of Madhya Pradesh
2023 Latest Caselaw 1760 MP

                                     1

      IN THE HIGH COURT OF MADHYA PRADESH

                            AT GWALIOR
                            CRA-1643-2023

         (RAJ KUMAR TOMAR Vs STATE OF MADHYA PRADESH)

DATED:- 31-01-2023

      Shri Pawan Devnani - Advocate for the appellant.
      Shri     B.M.   Shrivastava    -   Public   Prosecutor    for    the
respondent/State.

Heard on I.A. No.2118/2023, the first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the sole appellant- Raj Kumar Tomar.

This appeal has been preferred against the judgment dated 17/01/2023 passed by 6 th Additional Sessions Judge, Morena, District- Morena (M.P.) in S.T. No.339/2017, whereby the appellant has been convicted and sentenced as under:-

        Sections           Sentence       Fine (Rs.)         Default
                                                           Stipulation
 34 (2) of M.P. Excise    2 Years RI      1,00,000/-       6 Months RI
             Act

Learned counsel for the appellant submits that appellant has been falsely implicated in this case. He is not concerned with the case directly or indirectly. The appellant has been wrongly convicted by the learned trial Court. The appellant was on bail during trial and he has not misused the liberty granted to him. Learned trial Court has already suspended his jail sentence for a period of one month from the date of judgment. The fine amount has already been deposited by him. Appellant is the permanent resident of District- Morena (M.P.) and there

are fair chances of success of this appeal. The appeal is of the year 2023 which may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

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.2118/2023 is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 31st of March, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and he shall be released on bail.

IA No.2118/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules/directions.

(DEEPAK KUMAR AGARWAL) JUDGE rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cd e4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4A B9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.01.31 18:39:41 +05'30'