Rajendra @ Rajen @ Raja vs The State Of Madhya Pradesh
2023 Latest Caselaw 4576 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 3942 of 2023
                                        (RAJENDRA @ RAJEN @ RAJA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 23-03-2023
                                Shri Priyesh Bhawsar - cousin brother of the appellant present in

                          person.
                                None for the respondent/State.

Considered IA.No.4006/2023, which is an application for ignoring the defect raised by the Registry.

Appellant has filed copy of the judgment signed and verified by the Presiding Officer. There is no need to file certified copy of the impugned judgment, therefore, IA.No.4006/2023 stands allowed and defect pointed out by the Registry is hereby ignored.

Also considered I.A.No.3852/2023, which is first application under Section 389 of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant Rajendra @ Rajen @ Raja.

Appellant stands convicted vide judgment dated 06/03/2023 passed in S.T.No.41/2017 by II ASJ, Bagli, District Dewas (M.P.) under Sections 498-A

of Indian Penal Code, 1860 and has been sentenced to undergo 03 years RI with fine of Rs.10,000/- with usual default stipulation.

It is submitted in the application that the appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. His jail sentence has also been suspended temporarily by the Trial Court till 05/04/2023. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/24/2023 12:52:25 PM

appeal would take sufficient long time. Prima facie there is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Perused the impugned judgment of the trial Court. Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of

the appellant.

Accordingly, I.A.No.3852/2023 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.70,000/- (Rupees Seventy Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 20/09/2023 and on all such subsequent dates, which are fixed in this behalf.

Let record of the trial Court be requisitioned. Certified copy as per rules.

(ANIL VERMA) JUDGE Signature Not Verified Tej Signed by: TEJPRAKASH VYAS Signing time: 3/24/2023 12:52:25 PM

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/24/2023 12:52:25 PM