Sunil Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 10820 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 2477 of 2022
                                           (SUNIL RAJAK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-07-2023
                                 Shri Sandesh Dixit - Advocate for appellants.

                                 Shri Ram Girish Verma - Panel Lawyer for respondent/State.

Heard on I.A No.13860/2023, which is third application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellant- Sunil Rajak.

The appellant has been convicted under Section 394A reads with 34 of IPC and sentenced to undergo RI for 7 years with fine of Rs.1000/- with default stipulations.

Earlier bail applications being I.A. No.20013/2022 and 23671/2022 were dismissed as withdrawn vide order dated 14.11.2022 and 10.02.2023 Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence.

There is no likelihood of hearing of appeal in near future; he is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State opposes the application and prays for its rejection.

Heard learned counsel for the parties, perused the judgment and the record of the court below.

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 7/14/2023 12:52:02 PM

Considering over all facts and circumstances of the case as the fact that the hearing of appeal may take considerable time, this Court find it to be a fit case to suspend the jail sentence of the appellant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to deposit of fine amount, if already not deposited, and on furnishing a personal bond by the appellant - Sunil Rajak in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his regular appearance before the concerned trial Court, the execution of custodial part of

the remaining sentence imposed against the appellant shall remain suspended, till final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 11.10.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

At request of appellant's counsel, list after four weeks for consideration of I.A. No.7475/2023..

(ANURADHA SHUKLA) JUDGE

DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 7/14/2023 12:52:02 PM