Ram Chandra Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 16482 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 3813 of 2019
                                       (RAM CHANDRA KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-10-2023
                                Shri Deepak Pendharkar - Advocate for appellant.

                                Shri Dilip Shrivastava - Government Advocate for respondent/State.

Heard on admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on IA No.5388 of 2023, which is the fourth application under

Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved o n behalf of appellant Ram Chandra Kushwaha. His first application vide order dated 17.06.2019 was dismissed on merit, second application vide order dated 13.01.2020 was dismissed on merit and third application vide order dated 10.02.2022 was also dismissed on merit for no change in circumstances.

Appellant stood convicted under Section 394 read with Section 397 of the IPC and sentenced to suffer R.I. for ten years with fine of Rs.5000/- with default stipulations vide judgment of conviction and order of sentence dated 12.04.2019 passed by First Additional Sessions Judge to the Court of First

Additional Judge, Panna District Panna in S.T. No.36 of 2017.

Learned counsel for appellant while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence wrongly convicted the appellant for aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Appellant is in jail and he has already completed more than seven years of custodial sentence, and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and grant of Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 07-Oct-23 10:16:35 AM

bail may be considered.

P e r contra, Shri Shrivastava, learned Government Advocate while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the appellant should not be suspended.

Upon hearing learned counsel for the parties though this Court refrain fro m commenting upon rival contentions touching merits of the matter and looking to the period of custody of appellant which is more than seven years, no likelihood of appeal being taken up for final hearing in near future, in the obtaining facts and circumstances, present appellant is held entitled for

suspension of jail sentence and grant of bail.

Accordingly, IA No.5388 of 2023 stands allowed and it is directed that the jail sentence of appellant-Ramchandra Kushwaha shall remained suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 20/12/2023 and on other subsequent dates as may be fixed in this behalf.

Accordingly, I.A.No. 5388 of 2023 stands allowed and disposed of. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE DPS

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 07-Oct-23 10:16:35 AM