Rajendra Chandel vs The State Of Madhya Pradesh
2023 Latest Caselaw 477 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 12056 of 2022
                                            (RAJENDRA CHANDEL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-01-2023
                                 Shri Apurv Jain - Advocate for the appellant.

                                 Shri Kapil Mahant - Panel Lawyer for respondent/ State.

Learned counsel for the appellant submits that defect as pointed out by the Registry has been cured.

Registry is directed to verify the same.

Heard on I.A. Nos. 16337 of 2022 and 16805 of 2022, which are applications for early hearing. Matter is already taken for hearing. Therefore, these applications are disposed off being rendered infructuous.

Heard on I.A. No.16338 of 2022, which is an application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence.

Appellant has been convicted under Sections 323 and 506 of IPC and has been sentenced to undergo 3 months R.I. with fine of Rs.1,000/- and 2 years R.I. with fine of Rs.4000/- respectively with usual default stipulation and also Section 7/8 of POCSO Act and sentence to three years R.I. with fine of

Rs.5000/- with default stipulation.

Learned counsel for the appellant submit that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. His jail sentence has also been suspended by the Trial Court for 90 days from the date of judgment. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 10-01-2023 11:24:25

sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A. No.16338 of 2022 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 20/04/2023 and on all such subsequent dates, which are fixed in this behalf.

Registry is directed to list the matter for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 10-01-2023 11:24:25

JUDGE Anushree

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 10-01-2023 11:24:25