Ramniwas Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 20085 MP

Madhya Pradesh High Court

Ramniwas Yadav vs The State Of Madhya Pradesh on 30 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 13664 of 2023
                                             (RAMNIWAS YADAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 30-11-2023
                                 Shri Arunodaya Singh - Advocate for appellant.

                                 Ms. Shanti Tiwari - Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Record of the Court below be requisitioned.

Also heard on I.A.No.25720/2023, first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant.

The appellant has been convicted vide judgment dated 30/09/2023 passed by 11th Additional Sessions Judge, Rewa in S.T. No.400274/2015 and appellant has been found guilty for commission of offence punishable under Section 326 of IPC and sentenced him to undergo R.I. for 3 years and to pay fine of Rs.1,000/- 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. Custodial sentence of appellant has already suspended by the trial Court till 30/10/2023. The jail sentence of co-accused Raju @ Rajesh Patel against whom the allegations are similar in nature has already been suspended by this Court vide order dated 31/10/2023 passed in Cr.A.No.13455/2023. 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, contention of learned counsel for the appellant and the fact that this appeal is of the year 2023 and according to listing policy the hearing of this appeal will take time and jail sentence of co-accused Raju @ Rajesh Patel against whom the allegations

are similar in nature has already been suspended by this Court vide order dated 31/10/2023 passed in Cr.A.No.13455/2023, so maintaining the parity also 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 entire 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 it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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