Rajkumar Jain vs The State Of Madhya Pradesh
2023 Latest Caselaw 409 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                              CRA No. 78 of 2023
                   (RAJKUMAR JAIN Vs THE STATE OF MADHYA PRADESH)

Dated : 06-01-2023
      Shri Atul Gupta - Advocate for the appellant.

      Dr. Smt. Anjali Gyanani - Public Prosecutor for the State.
      Let record of the trial Court be requisitioned.
      Heard on I.A.No.43/2023, an application for suspension of sentence.
      The trial Court has convicted the appellant under Section 420 of IPC and
sentenced to undergo one year's RI with fine of Rs.500/-, under Section 471 of

IPC and sentenced to undergo one year's RI with fine of Rs.500/-, under
Section 467 of IPC and sentenced to undergo two years' RI with fine of
Rs.1,000/- and under Section 468 of IPC and sentenced to undergo two years'
RI with fine of Rs.1,000/-, with default stipulation, vide judgment of conviction
and order of sentence dated 22.12.2022 passed by 2nd Additional Sessions
Judge, Sabalgarh, District Morena in S.T.No.2900193/2016.
      Learned counsel for the appellant submits that the trial Court has not
properly appreciated the evidence available on record. The appellant was on
bail during trial and he has not misused the liberty granted to him. Learned trial

Court has committed error in holding the appellant guilty for the aforesaid
offences. The trial Court has already suspended his sentence till 23.1.2023.
There is no likelihood of hearing of appeal in near future. In view of aforesaid,
learned counsel for the appellant prays for suspension of remaining jail sentence
and grant of the bail to the appellant.
      Learned counsel for the respondent/State has opposed the prayer.

Heard learned counsel for both the parties and perused the record.

Having considered the rival submissions, the appellant was on bail during trial and he did not misuse the liberty granted to him, trial Court has already suspended the sentence till 23.1.2023, conclusion of the trial will take time, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail on furnishing personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) along with separate solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 17.02.2023, and on such other

dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.is allowed.

List for admission alongwith record.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE (alok)

ALOK KUMAR 2023.01.06 16:17:11 +05'30'