Rampal vs The State Of M.P.
2023 Latest Caselaw 17479 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 2099 of 2004
                                                     (RAMPAL Vs THE STATE OF M.P.)

                          Dated : 18-10-2023
                                Shri A.S. Parihar - Advocate for appellant.

                                Shri Dinesh Patel - Dy. Government Advocate for the respondent/State.

Appellant is produced by the escort in compliance of the arrest warrant issued by this Court vide order dated 21.09.2023.

His presence is marked and he be sent back to concerned jail for

undergoing the remaining jail sentence awarded to him by the trial court with the same escort.

Also heard on IA No.24989 of 2023, which is the second application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant. Appellant is in jail. First application was dismissed on 15.12.2004.

Appellant stood convicted under Sections 325 of the IPC and sentenced to suffer R.I. for 3 years with fine of Rs.1000/- with default stipulations vide judgment of conviction and order of sentence dated 05.11.2004 passed by First

Additional Judge to the Court of 1st ASJ, Satna District, Satna in ST No.176/2002.

Learned counsel for the appellant while seeking suspension of sentence inter alia submitted that the trial Court without appreciating the evidence wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Appellant is in jail. Appeal is of the year 2004 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 19-Oct-23 10:32:18 AM

of appellant for suspension of sentence and grant of bail may be considered.

P e r contra, learned Dy. 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 from commenting upon rival contentions touching merits of the matter and the appeal is of the year 2004 and there is no likelihood early hearing of the appeal 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.24989 of 2023 stands allowed and it is directed that the jail sentence of appellant 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 concerned trial Court first on 22.12.2023 and on other subsequent dates as may be fixed in this behalf.

Accordingly, I.A.No. 24989 of 2023 stands allowed and disposed of. Certified copy as per rules.

List the case for final hearing on 08.11.2023.

(ROOPESH CHANDRA VARSHNEY) JUDGE DPS

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 19-Oct-23 10:32:18 AM