Rahul Chandra vs The State Of Madhya Pradesh
2023 Latest Caselaw 18246 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 10811 of 2022
                                             (RAHUL CHANDRA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-11-2023
                                 Shri Eshaan Datt- Advocate for appellant.

                                 Ms. Shanti Tiwari - Panel Lawyer for respondent/State.

Heard on I.A. No.23304/2023, this is repeat (second) application for suspension of sentence and grant of bail filed under Section 389 of Cr.P.C. on behalf of appellant -Rahul Chandra.

Earlier application for suspension of custodial sentence and grant of bail of appellant was dismissed as withdrawn by this Court, vide order dated 14/08/2023.

The appellant has been convicted vide judgment dated 15/11/2022 passed by First Additional Sessions Judge, Kotma, District Anuppur in S.T. No.31/2021 and appellant has been found guilty for commission of offence punishable under Section 394 of IPC and sentenced to undergo RI for 5 years and to pay fine of Rs.10,000/- with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. The appellant has

already suffered near about half of custodial sentence. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer has opposed the contention rais ed by learned counsel for appellant and prays for rejection of said Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 02-Nov-23 11:07:01 AM

application.

Looking to the aforesaid facts and circumstances of the case, contention of learned counsel for the appellant coupled with the fact that the appellant has already served near about half of custodial sentence and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant -Rahul Chandra shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the

satisfaction of the trial Court for his appearance before the trial Court on 22/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

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

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 02-Nov-23 11:07:01 AM