Dhoop Singh Raghuvanshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 16189 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7244 of 2023 (DHOOP SINGH RAGHUVANSHI Vs THE STATE OF MADHYA PRADESH)

Dated : 03-10-2023 Shri Surendra Patel - Advocate for the appellant.

Ms. S. S. Baghel - Panel Lawyer for the State.

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.13510/2023, which is first application under

Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.

T h e appellant has been convicted for the offences punishable under Section 304-A of IPC and sentenced to undergo R.I. for 2 years with a fine of Rs.500/- and Section 135 of the Electricity Act and sentenced to undergo R.I. for 1 year, with default stipulation.

Learned counsel for the appellant submits that the jail sentence of appellant was suspended by the trial court till 15.6.2022 (as wrongly mentioned in the application). Thereafter, this court vide order dated 14.6.2023 has

extended the period of bail of appellant from 15.6.2023 to 14.8.2023. The appellant is currently in custody as per the order sheet dated 8.9.2023 of the court below. The maximum jail sentence of appellant is of two years and he was on bail during trial and he did not misuse the liberty granted to him and also the appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

Learned counsel for the State has opposed the bail application and prays for its rejection.

Heard counsel for the parties and perused the judgment and record of the court below.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentences awarded to the appellant under the impugned judgment deserve to be suspended. Therefore, without commenting on the merits of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already

deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 11.12.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.10.04 14:18:20 +05'30' Adobe Reader version: 11.0.8