Rajendra Kol vs The State Of Madhya Pradesh
2023 Latest Caselaw 19887 MP

Madhya Pradesh High Court

Rajendra Kol vs The State Of Madhya Pradesh on 28 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 355 of 2022
                                         (RAJENDRA KOL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-11-2023
                                  Shri V. P. Singh - Advocate for appellants.

                                  Shri Ajay Tamrakar - Panel Lawyer for respondent/State.

Heard on I.A.No.23840/2023, which is the second application under Section 389(1) of the Cr.P.C. filed on behalf of appellant No.1 Rajendra Kol for suspension of sentence and grant of bail.

Earlier application for suspension of sentence and grant of bail filed on behalf of appellant No.1 was dismissed as withdrawn vide order dated 08/09/2023.

The appellant No.1 has been convicted vide judgment dated 23/12/2021 passed by XXIII Additional Sessions Judge, Jabalpur in S.T. No.7100246/2012 fo r the offence punishable under Sections 307, 323, 323/34 of the IPC and sentenced him to undergo R.I. for five years with fine of Rs.1,000/-, R.I. for six months with fine of Rs.500/- and R.I. for six months with fine of Rs.500/- respectively with default stipulation.

Learned counsel for the appellants submitted that the trial Court has wrongly convicted the appellant No.1 for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses. It is submitted that the appellant is in custody since the date of judgment i.e. 23/12/2021, hence he prayed for suspension of jail sentence and release the appellant No.1 on bail as final hearing of this appeal will take time.

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 appellants and the fact that the appellant No.1 is in custody since 23/12/2021 and according to listing policy the hearing of this appeal will take time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant No.1 shall remain suspended during 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 24/01/2024 and on such further dates as may be fixed by trial Court 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

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