Rajendra Soni vs The State Of Madhya Pradesh
2023 Latest Caselaw 3738 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 3263 of 2023
                                              (RAJENDRA SONI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-03-2023
                                 Shri Vinod Thakur, learned counsel for appellant Rajendra Soni S/o

                           Damodardas Soni.
                                 Smt. Mamta Shandilya, learned Government Advocate appearing on
                           behalf of the Advocate General.

                                 Heard on the question of admission.

                                 The present appeal appears to be arguable.
                                 Criminal Appeal filed under Section 374 of the Code of Criminal
                           Procedure, 1973 is admitted for final hearing.
                                 Also heard on IA No.3228/2023, first application under Section 389 (1)
                           of the Code of Criminal Procedure, 1973 for suspension of jail sentence and
                           grant of bail filed on behalf of the appellant.
                                 The present appellant has been convicted for commission of offence
                           punishable under Section 13 (1) (d) read with Section 13 (2) of the Prevention
                           of Corruption Act, 1988 and also under Sections 120-B, 218, 466 and 471 of

                           Indian Penal Code, 1860 and sentenced to undergo three years rigorous
                           imprisonment and fine amount of Rs.5,000/- on each count along with default
                           stipulation by learned Special Judge (under PC Act), Indore, District Indore
                           (MP) in Special Sessions Trial No.08/2015 vide judgment dated 31.01.2023.
                                 Learned counsel for the appellant submits that the appellant has been
                           falsely implicated in this case. Learned trial Court has not properly appreciated
                           the evidence available on record and material omissions and contradictions have
                           been overlooked. Learned trial Court has already suspended the jail sentence
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 03-03-2023
11:17:45
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                           up to 31.03.2023. The appellant has fair chance to success in this appeal and if
                           the jail sentence is not suspended, the application may be rendered infructuous.
                           He, therefore, prays for grant of suspension of sentence and release the
                           appellant on bail.
                                 On the other hand, learned Government Advocate appearing for the
                           respondent / State prays for rejection of the application.

In view of the aforesaid facts and circumstances of the case, I find it to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, without expressing any opinion on merits of the case, IA No.3228/2023 is allowed, subject to depositing the fine amount, if not already

deposited with the trial Court and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.30,000/- (Rupees thirty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his / her regular appearance before the Registry of this Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his / her presence before the Registry of this Court on 21.04.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Let the record of the case from the concerned trial Court be requisitioned.

Let the matter be listed for final hearing in due course along with connected criminal appeal (s).

Certified copy as per rules.

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 03-03-2023 11:17:45

(VIVEK RUSIA) JUDGE rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 03-03-2023 11:17:45