Madhya Pradesh High Court
Devraj Sen vs The State Of Madhya Pradesh on 25 July, 2023
Author: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 6427 of 2023
(DEVRAJ SEN Vs THE STATE OF MADHYA PRADESH)
Dated : 25-07-2023
Shri Nilesh Dave, learned counsel for the appellant.
Shri Viraj Godha, learned P.L. for the respondent/State.
Heard on the question of admission.
The appeal is admitted for final hearing.
Also, heard on I.A. No.7327/2023, which is first application for
suspension of sentence and grant of bail filed under section 389(1) of the
Cr.P.C. on behalf of appellant-Devraj.
2. The trial Court has convicted the appellant vide judgment of
conviction and order of sentence dated 06.03.2023 passed by the First Addl.
Sessions Judge, Sarangpur District-Rajgarh as under:-
Conviction Sentence
Imprisonment in lieu of
Session & Act Imprisonment Fine
fine
147 of the IPC 1 year Rs.500/- 1 month
458 of the IPC 5 years Rs.1,000/- 6 months
323/149 of the IPC (3 6 months for each Rs.500 for each
1 month for each count
counts) count count
366/149 of the IPC 5 years Rs.1,000/- 6 months
342 of the IPC 6 months Rs.500/- 1 month
506 (Part-II) of the IPC 1 year Rs.500/- 1 month
7/ 8 of POCSO ACT 3 years Rs.1,000/- 3 months
3. Learned counsel for the appellant submits that appellant has served
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 25-07-2023
18:03:23
incarceration of 3 years which is more than 50% of the actual jail sentence
awarded to him. Final hearing of this appeal is not possible in near future
therefore, it is prayed that the remaining jail sentence of the appellant may be
suspended and he may be released on bail.
4 . Learned Govt. Advocate for the respondent/State has opposed the
prayer of the appellant.
5 . I have heard learned counsel for both the parties and perused the
record.
6. Looking to the facts and circumstances of the case also considering
the fact that appellant has served incarceration of 50% of the actual jail
sentence, coupled with the fact that the final hearing of this appeal is not
possible in near future, without expressing any opinion on merits of the case,
the application I.A. No.7327/2023 is allowed and the jail sentence of the
appellant shall remain suspended.
7. It is directed that subject to depositing the fine amount, if already not
deposited, appellant-Devraj shall be released on bail, on furnishing personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with
solvent surety in the like amount to the satisfaction of trial Court, for his
appearance before the Registry of this Court firstly on 12.09.2023, and on
such other dates, as may be fixed by the Registry in this regard, till final
disposal of this appeal.
8. List for final hearing in due course.
C.C. as per rules.
(PRAKASH CHANDRA GUPTA)
JUDGE
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 25-07-2023
18:03:23
ajit
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 25-07-2023
18:03:23
