Madhya Pradesh High Court
Rajendra Singh Bais vs The State Of Madhya Pradesh on 29 November, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10905 of 2023
(RAJENDRA SINGH BAIS AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 29-11-2023
Shri Anoop Kumar Saxena- Advocate for appellants.
Shri Ajay Tamrakar - Panel Lawyer for respondent/State.
Heard on I.A. No.24173/2023, this is first application for suspension
of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of
appellant No.4 Ram Singh Bais.
The appellant No.4 has been convicted vide judgment dated 16/08/2023
passed by First Additional Sessions Judge, Naugaon, District Chhatarpur in
S.T. No. 38/2017 and appellant No.4 has been convicted for offence punishable
under Sections 326/34 (on three counts) and 148 of IPC and sentenced to
undergo RI for 5 years and two years and to pay fine amount of Rs. 2,000/-
for each offence respectively with usual default stipulations.
Learned counsel for the appellant No.4 submits that the trial Court has
not properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellant No.4 for aforesaid offence. Learned
counsel for appellants submits that the appellant No. 4 is an old person aged
about 75 years and no specific role attributed to him. 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 No.4 may turn infructuous. Under these
circumstances, learned counsel for appellant No.4 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
raised by learned counsel for appellant No.4 and prays for rejection of said
application.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that appellant No. 4 is an old person aged about 75 years and no
specific role attributed to him 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 No.4 - Ram
Singh Bais shall remain suspended during the pendency of this appeal subject
t o 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
