Rajesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 10839 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 6957 of 2022
                                           (RAJESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-07-2023
                                 Shri M. R. Verma - Advocate for the appellant No.1 Rajesh.

                                 Shri Ajay Shukla - Government Advocate for respondent/ State.

Heard on I.A No.15284/2023 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1 Rajesh arising out of judgment dated 28/07/2022 delivered in Special Case No.16/2020

by Special Judge, SC/ST (Prevention of Atrocities) Act, Chhindwara.

The appellant has been convicted under Section 307, 34 of the I.P.C. and sentenced to undergo R.I. for seven years with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant No.1 submits that appellant No.1 Rajesh remained in actual custody for more than 3 years and 10 months and thus completed more than half of the sentence. So, remaining jail sentence of this appellant may be suspended.

Learned Government Advocate opposed the prayer, but does not dispute

that appellant No.1 Rajesh has undergone actual sentence of 3 years 10 months.

Considering the aforesaid, we deem it proper to suspend the remaining jail sentence of appellant No.1 - Rajesh.

Accordingly, I.A No.15284 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.1 is hereby suspended and it is directed that appellant No.1 - Rajesh be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one Signature Not Verified Signed by: ANURAG SONI Signing time: 7/14/2023 11:00:29 AM

solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Chhindwara o n 5th of October, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this Appeal.

Certified copy as per rules.

                               (SUJOY PAUL)                             (AMAR NATH (KESHARWANI))
                                  JUDGE                                          JUDGE

                          as




Signature Not Verified
Signed by: ANURAG SONI
Signing time: 7/14/2023
11:00:29 AM