Citation : 2023 Latest Caselaw 7599 MP
Judgement Date : 9 May, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 579 of 2016
(RANNU @ ROOP SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 09-05-2023
Shri Sushil Goswami, learned counsel for the appellant.
Shri G.S.Chauhan, learned Public Prosecutor for the respondent/State.
Heard on IA.No.7754/2023, Second application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant. First application for interim suspension of sentence was allowed vide
order dated 19.1.2018.
Vid e judgment dated 30.4.2016 passed in Special S.T.No.20/2013 by learned Special Judge, Dabra, Distt. Gwalior appellant has been convicted under Section 394 read with Sections 11/13 of the MPDVPK Act and sentenced to undergo 10 years RI with fine of Rs.5,000.
I t is submitted by learned counsel for the appellant that during trial appellant was on bail, but he did not misuse the liberty so granted. During trial, he remained in custody for 176 days and thereafter from the date of judgment i.e. 30.4.2016 he is in custody except period of three months when he was
released on interim suspension of sentence vide order dated 19.1.2018. Co- accused Santosh who has been tried separately has been granted suspension of sentence vide order dated 14.12.2022 passed in Criminal Appeal 9582/2019 by the Coordinate Bench of this Court. Appellant has a good case on merits. Final hearing of the appeal will take time. Therefore, prayer for suspension of sentence has been made.
Signature Not Verified Signed by: MADHU SOODAN PRASAD Learned counsel for the State opposed the application and prayed for its Signing time: 09-05-2023 06:20:36 PM rejection.
Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.7754/2023 is allowed and it is directed that jail sentence of the appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 4th December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
ms/-
Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 09-05-2023 06:20:36 PM
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