Rajesh Rai vs The State Of Madhya Pradesh
2023 Latest Caselaw 7165 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2186 of 2023 (RAJESH RAI Vs THE STATE OF MADHYA PRADESH)

Dated : 02-05-2023 Shri Anurag Gohil - Advocate for the appellant.

Shri G.S.Thakur - GA for the State.

Heard on the question of admission.

The appeal seems to be arguable, hence admitted for final hearing. Also heard on I.A. No.3819/2023, which is an application under Section

389 of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted under Section 420 read with Section 120-B of IPC, and sentenced to undergo R.I. for seven years and fine of Rs.25,000/-, with default stipulation by learned Special Judge, Bhopal in Special Case No.07/2019 vide judgment dated 19.01.2023.

Lear ned counsel for the appellant submitted that during trial the appellant has remained in custody with effect from 31.05.2019 till 26.08.2019 and thereafter he is under custody from the date of judgment i.e. 19.01.2023 till date. It is stated that there is no likelihood of this appeal coming up for final

hearing in near future. Under the circumstances, the execution of sentence may be suspended and the appellant may be released on bail.

Learned GA has opposed the prayer for suspension of sentence and grant of bail.

Considering that the appellant has remained in custody for more than six months and the appeal is going to take a long time to be heard finally, without commenting on the merits of the case, I.A.No.3819/2023 is allowed.

Remaining jail sentence of the appellant is hereby suspended subject to Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 5/3/2023 10:25:52 AM

depositing the fine amount and furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with two sureties in the like amount to the satisfaction of the trial Court concerned, with a further direction to appear before the Registry of this Court firstly on 22nd December, 2023, and also on such other dates as may be fixed by the Registry in this regard during pendency of this appeal.

List this appeal for final hearing in due course. Certified copy as per rules.

(NANDITA DUBEY) JUDGE

jk

Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 5/3/2023 10:25:52 AM