Madhya Pradesh High Court
Rakesh Bele vs The State Of Madhya Pradesh on 19 June, 2023
Author: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5319 of 2023
(RAKESH BELE Vs THE STATE OF MADHYA PRADESH)
Dated : 19-06-2023
Shri Vijayendra Singh Chouhan - Advocate for the appellant.
Shri Shailendra Mishra - Panel Lawyer for the respondent/State.
Heard on I.A No.8311/2023, which is first application under Section
389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf
of the appellant.
The appellant has been convicted for an offence under Section 307 of
IPC and sentenced to undergo R.I. for 5 years with fine of Rs.1,000/-, with
default stipulation.
Learned counsel for the appellant submits that the appellant is innocent
and has falsely been implicated in the matter. Learned counsel for the appellant
has submitted 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. He further submits that there is no likelihood
of hearing of appeal in near future. 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 and perused the judgment and
record of the court below.
Considering the arguments advanced by learned counsel for both the
parties and after perusing the record, it appears that only one eye witness was
examined who turned hostile and there have been material contradictions and
Signature Not Verified
Signed by: VINAY KUMAR
VERMA
Signing time: 6/20/2023
7:11:37 PM
omissions in the statement of complainant and his wife. In the light of these
facts, I find it appropriate to suspend the jail sentence of the appellant.
Accordingly, I.A. filed on behalf of the appellant 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 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.
The appellant, after being enlarged on bail, shall mark his presence before
the concerned trial Court on 29.09.2023 and on all such subsequent dates,
which are fixed in this regard by the concerned trial Court.
List for final hearing in due course.
Certified Copy as per rules.
(ANURADHA SHUKLA)
JUDGE
vkv /-
Signature Not Verified
Signed by: VINAY KUMAR
VERMA
Signing time: 6/20/2023
7:11:37 PM
