Raghav Soni vs The State Of Madhya Pradesh
2023 Latest Caselaw 16390 MP

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 8265 of 2022
                                          (RAGHAV SONI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 05-10-2023
                                 Shri B.K. Shukla - Advocate for the appellants.

                                 Ms. Vinita Sharma - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Admit.

Also heard on I.A.No.17553/2022, which is first application under

Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellants and release them on bail.

T h e appellants have been convicted vide judgment dated 23/07/2022 passed by Sixth Additional Sessions Judge, Sgar in S.T. No. 179/2021 for the offence punishable under Section 394 of the IPC and sentenced them to undergo R.I. for three years and to pay fine of Rs.500/- each with usual default stipulation.

Learned counsel for the appellants submitted that the trial Court without appreciating the evidence, wrongly convicted the appellants for the aforesaid

offence. There are several omissions and contradictions in the evidence adduced by the prosecution. The appellants have already suffered more than one year of prescribed custody period. Hence, prayed for suspension of the jail sentence and release of the appellants on bail since the hearing of this appeal is likely to take long time.

On the other hand learned counsel for the State opposed the prayer and submitted that the guilt of the appellants was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellants. Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/5/2023 5:17:03 PM

Looking to the contention of learned counsel for the appellants and considering the facts and circumstances of the case and as to the custody period of the appellants and hearing of this appeal according to listing policy will take time, the application is allowed and it is directed that the execution of remaining jail sentence passed against the appellants shall remain suspended during the pendency of this appeal and they be released on bail upon furnishing personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) each with two separate solvent sureties of Rs.50,000/- each in the like amount to the satisfaction of the trial Court for their appearance before the trial court concerned on 18/12/2023 and on such further dates as may be fixed by it in this

behalf during the pendency of this appeal.

Let the matter be listed for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/5/2023 5:17:03 PM