Raju Gontia vs The State Of Madhya Pradesh
2023 Latest Caselaw 18366 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 903 of 2011
                                               (RAJU GONTIA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 02-11-2023
                                   Shri V.P. Singh - Advocate for the appellant.

                                   Shri Akhilendra Singh - Government Advocate for the respondent-State.

Learned Govenrment Counsel submits that he adopts his previous objection.

He is permitted to adopt his previous objection.

Heard on I.A. No.26045 of 2023, 4th application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant-Raju Gontia - arising out of judgment dated 31.03.2011 delivered in S.T. No.220/2010 passed by 4th Additional Sessions Judge, (Fast Track Court), Katni.

T h e appellant has been convicted for the offence punishable under Section 447 of IPC and sentenced to undergo R.I for three months and under Section 302/34 of IPC and sentenced to undergo R.I. for Life Imprisonment with fine of Rs. 1000/- with default stipulation.

Shri V.P. Singh, l earned counsel for the appellant submits that co- appellant -Dashram Choudhari has been given benefit of suspension of remaining jail sentence on the basis of period of custody on 25.10.2023. This appellant remained in actual custody for more than eleven years. The incident had taken place suddenly without there being any pre-meditation. Thus, remaining jail sentence of this appeal may be suspended.

Learned Government Counsel raised objection founded upon the reply. Considering the period of custody of the appellant and benefit of Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 11/3/2023 10:20:52 AM

suspension of remaining jail sentence given to co- appellant-Dashram Choudhari and bleak possibility of final hearing of this appeal in near future, without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A. No.26045 of 2023 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant-Raju Gontia be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further

direction to appear before the trial Court, Katni on 4 th of December, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Learned counsel for the appellant seeks permission to withdraw IA No.25770 of 2023.

IA No.25770 of 2023 is dismissed as withdrawn. Certified copy as per rules.

                                (SUJOY PAUL)                                 (DWARKA DHISH BANSAL)
                                   JUDGE                                            JUDGE

                          bks




Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 11/3/2023
10:20:52 AM