Chuggi @ Rahish vs The State Of Madhya Pradesh
2023 Latest Caselaw 9905 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                             CRA No. 7944 of 2023
                   (CHUGGI @ RAHISH Vs THE STATE OF MADHYA PRADESH)

Dated : 30-06-2023
         Shri Ranjeet Rana- learned Advocate for the appellant.

         Shri Rajeev Upadhyay - learned Public Prosecutor for the respondent-
State.

         Heard on IA No.11078/2023 , first application under Section 389(1) Cr.
P.C. moved on behalf of appellant seeking suspension of sentence and grant of

bail.
         Appellant stood convicted under Section 324 of the IPC and sentenced
to undergo for two years rigorous imprisonment with a fine of Rs.1,000/- with
default stipulation vide judgment of conviction and order of sentence dated
12/05/2023 passed by Second Additional Sessions Judge, Gwalior (M.P.) in
Sessions Trial No.23/207.
         Learned Counsel for appellant submits that the impugned judgment
passed by learned the trial Court is based on presumption and assumption.
The learned Trial Court has committed an error in convicting and sentencing

the present appellant without appreciating the prosecution evidence properly.
There are material contractions and omissions in the evidence of witnesses.
The appellant was on bail during trial and he did not misuse the liberty so
granted to him. Fine amount has already been deposited by the appellant. There
is no likelihood of early hearing of appeal in near future. On these grounds,
learned Counsel prays that execution of remaining jail sentence of    appellant
may be suspended and he may be enlarged on bail.
         Per contra, learned Counsel for respondent State opposed the
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application and prayed for its rejection and submits that appellant has already
been granted bail by the Trial Court till 07/07/2023.
          Upon hearing learned Counsel for parties but without commenting upon
rival contentions touching merits of the case, this Court is of the view that
application deserves to be allowed. It is, accordingly, directed that execution of
remaining jail sentence of appellant shall remain suspended during pendency of
this appeal and he shall be enlarged on bail subject to furnishing personal bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent
surety in the like amount to the satisfaction of Trial Court and also subject to
deposit of the fine amount (if not already deposited) for his appearance before

the Registry of this Court on 28.07.2023 and on further dates as may be
directed by the Registry in that regard.
          Accordingly, I.A. No. 11078/2023 stands allowed and disposed of.
          Certified copy as per rules.
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(SANJEEV S KALGAONKAR) JUDGE

Prachi

PRACHI MISHRA 2023.06.30 17:02:57 +05'30'