Arun Gadge vs The State Of Madhya Pradesh
2023 Latest Caselaw 17238 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 245 of 2019
                                               (ARUN GADGE Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-10-2023
                                 Shri Santosh Sahu - Advocate for appellant.

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

Heard o n I.A. No.13738/2023, this is the repeat (fifth) application for suspension of sentence and grant of bail filed under Section 397 of Cr.P.C. on behalf of appellant-Arun Gadge.

Earlier applications for suspension of sentence and grant of bail of appellant have been dismissed as withdrawn by this Court.

The appellant has been convicted vide judgment dated 13/10/2018 passed by Twenty Third Additional Sessions Judge, Bhopal in S.T. No. 554/2007 and appellant has been found guilty for commission of offence punishable under Sections 363, 366 and 376(2)(i) of IPC and sentenced to undergo RI for 3 years, 7 years and 10 years and to pay fine of Rs.500/-, Rs.500/- and Rs.2,000/- for each offence respectively with usual 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. The appellant has already suffered more than 7 years and 9 months custodial sentence. 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 revision. Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/17/2023 10:17:45 AM

On the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellant and prays for rejection of said application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that the appellant has already served more than 7 years and 9 months custodial sentence 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-Arun Gadge shall remain suspended during the pendency of this appeal and he be released on bail subject to 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 surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 20/12/2023 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

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/17/2023 10:17:45 AM