Madhya Pradesh High Court
Hemant Raikwar vs The State Of Madhya Pradesh on 20 November, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5931 of 2022
(HEMANT RAIKWAR Vs THE STATE OF MADHYA PRADESH)
Dated : 20-11-2023
Shri Sharad Verma - Advocate for appellant.
Shri Rajeev Pandey - Panel Lawyer for respondent/State.
Heard o n I.A. No.14705/2023, which is the forth application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant.
First and third applications filed on behalf of appellant for suspension of
sentence and grant of bail have been dismissed on merit by Coordinate Bench
o f this Court vide orders dated 02/08/2022 and 06/02/2023 and second
application was dismissed as withdrawn vide order dated 01/11/2022.
Appellant has been convicted vide judgment dated 28/06/2022 passed by
IV Additional Sessions Judge, Sagar in S.T. No.444/2014 for commission of
offence punishable under Section 471, 420/120-B of the IPC and sentenced him
to undergo R.I. for four years with fine of Rs.1,000/- and R.I. for three years
with fine of Rs.1,000/- respectively with 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. Though, earlier
applications filed on behalf of appellant were dismissed on merit, but during trial
appellant remained in custody since 21/07/2014 to 08/09/2014 and is in custody
since the date of judgment i.e. 28/06/2022. There are fair chances of success of
this appeal and final hearing of same will take considerable time, therefore, if
remaining custodial sentence of appellant has not been suspended, then the
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 21-11-2023
10:18:32
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.
On the other hand, learned counsel for the respondent/State has opposed
the prayer and submitted that earlier two applications filed by the appellant for
suspension of sentence and grant of bail have been dismissed on merit,
thereafter there is no change in circumstance, so the application be dismissed.
Looking to the facts and circumstances of the case, contention of learned
counsel for the appellant and the fact that the appellant is in custody since
28/06/2022 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 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
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 21-11-2023
10:18:32
