Rai Singh Rawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 7675 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        CRA No. 6405 of 2023
                                              (RAI SINGH RAWAT Vs THE STATE OF MADHYA PRADESH)

                            Dated : 10-05-2023
                                  Shri Vijay Kumar Jha, learned counsel for the appellant.

                                  Shri Pramod Pachori, learned Public Prosecutor for the State.
                                  Heard on admission.
                                  Admit.
                                  Heard on I.A. No.8500/2023, under Section 389(1) of Code of Criminal
                            Procedure for suspension of sentence and grant of bail filed on behalf of

                            appellant.
                                  Vide judgment dated 29-04-2023 passed by 3rd Additional Sessions
                            Judge, Shivpuri in Sessions Trial No.169 of 2018 the appellant stand convicted
                            under Sections 307 and 25(1-B)(A) r/w Section 3 of Arms Act and has been
                            sentenced to undergo R.I. for a period of three years' and three years' with
                            maximum fine in the sum of Rs.5,000/- respectively with default stipulation.
                                  Learned counsel for the appellant submits that the appellant has been
                            released by the trial Court under Section 389 (3) of the Code of Criminal
                            Procedure till 28.05.2023; therefore, it has been prayed that the jail sentence of

                            the appellant be suspended.
                                  Learned Public Prosecutor for the respondent/State on the other hand

has opposed the application.

However, keeping in view the fact that the appellant has already been released by the trial Court under Section 389 (3) of the Cr.P.C.; therefore, in the opinion of this Court, it would be appropriate to suspend him.

Consequently, I.A. No.8500/2023, for suspension of sentence and grant Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/11/2023 10:10:57 AM

o f bail under Section 389 (1) of the Cr.P.C. filed on behalf of appellant is allowed.

It is directed that on depositing the fine amount, if not already deposited; and furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 20th November, 2023 and on such further dates as may be fixed by the Office in this regard, sentence of imprisonment awarded to him shall remain suspended till disposal of this appeal and he shall be released on bail.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/11/2023 10:10:57 AM