Madhya Pradesh High Court
Pushpraj vs The State Of Madhya Pradesh on 24 November, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2536 of 2022
(PUSHPRAJ Vs THE STATE OF MADHYA PRADESH)
Dated : 24-11-2023
Shri R.B. Sahu- Advocate for appellant.
Shri Harsh Gupta - Panel Lawyer for respondent/State.
Heard on I.A. No.13903/2023, this is repeat (third) application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellant-Pushpraj.
The appellant has been convicted vide judgment dated 03/03/2022 passed
by Fifth Additional Sessions Judge, Chhindwara in S.T. No.33/2020 and
appellant has been convicted for offence punishable under Sections 304(II), 304
and 449 of IPC and sentenced to undergo RI for 10 years and to pay fine
amount of Rs.1,000/- for each offence respectively 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. Learned counsel
for appellant submits that complainant and his wife have not supported the
prosecution case and appellant has served out more than four years in custody.
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
application.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that complainant and his wife have not supported the prosecution
case and appellant has served out more than four years in custody 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 - Pushpraj shall remain suspended during
the pendency of this appeal 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 solvent surety in like amount to the
satisfaction of the trial Court for securing his presence before the trial Court
on 02/01/2024 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.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
