Vikas Raikwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 18410 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 11541 of 2023
                                              (VIKAS RAIKWAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-11-2023
                                 Shri Shahnawaz Khan - Advocate for the appellant.

                                 Shri Vinod Tiwari - Panel Lawyer for the respondent/State.

Heard on I.A.No.21719/2023, which is the first application under Section 389 (1) of the Cr.P.C. for suspension of custodial sentence passed against appellant and release him on bail.

The appellant has been convicted vide judgment dated 09.08.2023 passed by Ist Additional Sessions Judge, Raisen S.T. No.171/2020 for the offence punishable under Sections 376, 450 and 323 of the IPC and sentenced him to undergo R.I. for 7 years with fine of Rs.2,000/-, sentenced him to undergo R.I. for 5 years with fine of Rs.2,000/- and sentenced him to undergo R.I. for 3 months with fine of Rs.1,000/-, respectively with default stipulations.

Learned counsel for the appellant submitted that the learned trial Court has wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution

witnesses. Appellant has already completed more than half of custodial sentence, hence he prayed for suspension of jail sentence and release the appellant on bail as final hearing of this appeal is not possible in near future.

On the other hand, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that the appellant has already completed more than half of custodial sentence and according to listing policy the hearing Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 03-11-2023 10:22:18

of this appeal will take time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing fine amount, if not already 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 20/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

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

(ROOPESH CHANDRA VARSHNEY) JUDGE

sm

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 03-11-2023 10:22:18