Rameshwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7238 MP

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          IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR
                              CRA-5093-2023
                (RAMESHWAR Vs . STATE OF MADHYA PRADESH)

DATED:- 03-05-2023

      Shri P.S. Bhadauriya - Advocate for the appellant.
      Shri A.P.S. Tomar - Public Prosecutor for the respondent/State.

Heard on I.A. No.6522/2023, 1st application under Section 389 (1) of

Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the

appellant- Rameshwar.

This appeal has been preferred against the judgment dated 06/04/2023

passed by 1st Additional Session Judge, Jaura, District- Morena (M.P.) in S.T.

No.223/2017, whereby the appellant has been convicted and sentenced as

under:-

Sections Sentence Fine (Rs.) Default Stipulation

326 of IPC 5 Years RI 5000/- 6 Months RI 147 of IPC Till rising of the 1000/- 3 Months RI Court

Learned counsel for the appellant submits that appellant is aged 30 &

51 years and he has been falsely implicated in this case. He is not concerned

with the case directly or indirectly. The appellant has been wrongly

convicted by the learned trial Court. The appellant was on bail during trial

and they have not misused the liberty granted to them. During trial, the

appellant has suffered more than two years of incarceration. The appellant is

the permanent resident of District- Morena (M.P.) and there are fair chances

of success of this appeal and the appeal may take long time for its conclusion

and the appellant cannot be kept in custody for an unlimited period. Under

these circumstances, the execution of sentence be suspended and the

appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of

the respondent/State opposed the application and prayed for rejection of this

application.

Keeping in view of the aforesaid submissions of learned counsel for

the parties and the fact that an early hearing of this case is not possible, I.A.

No.6522/2023 is allowed.

It is, therefore, directed that if appellant deposits the entire fine

amount, if not already deposited, and furnishes a personal bond in the sum of

Rs.25,000/-(Rupees Twenty Five Thousand Only) to the satisfaction of

trial Court for his appearance before the Registry of this Court on 20th of

October, 2023 and on such subsequent dates as may be fixed in this regard,

sentence of imprisonment awarded to him, shall remain suspended till further

orders and he shall be released on bail.

IA No.6522/2023 stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary

compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

rahul Digitally signed by RAHUL SINGH PARIHAR

RAHUL SINGH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c

PARIHAR de4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4 AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.05.04 17:43:43 +05'30'