Rahul vs The State Of Madhya Pradesh
2023 Latest Caselaw 17713 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 2102 of 2017
                                            (RAHUL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-10-2023
                                 Shri Satyam Agrawal - Advocate for the appellants.

                                 Shri Arvind Singh - Government Advocate for the respondent/State.

He a r d on I.A.No.19155/2023, which is the third application for suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of appellant No.2-Gyan Singh @ Gyani.

First application filed on behalf of appellant No.2 was dismissed on merits vide order dated 15.12.2017 and application for grant of temporary bail was dismissed on 16.07.2021.

The said appellant has been convicted by the trial Court under Sections 302/120-B and 201 of IPC and sentenced to undergo R.I. for life and R.I. for 2 years with fine of Rs.1,000/- and Rs.500/- respectively with default stipulations, vide judgment of conviction and sentence dated 25.04.2017 passed by 1st Additional Sessions Judge, Sehore in Sessions Trial No.202/2015.

Learned counsel for the appellant submits that the appellant No.2 has

falsely been implicated in commission of alleged offence merely on the basis of certain call details. No incriminating article has been seized from the said appellant. It is further submitted that the prosecution has failed to prove the case against the said appellant beyond the reasonable doubt. There was no motive or intention of this appellant to commit murder of the deceased. He further submits that this Court vide order dated 30.06.2023 has granted the benefit of bail to the co-accused/appellant no.1-Rahul, therefore, on the basis of parity also appellant 2 is entitled for suspension of sentence and grant of bail. It Signature Not Verified Signed by: SWETA SAHU Signing time: 10/26/2023 5:16:47 PM

is further submitted that this Appeal is of the year 2017 and is not likely to come up for hearing in near future. Under these circumstances learned counsel prays for suspension of remaining jail sentence of the appellant.

Per contra, learned Government Advocate for the State vehemently opposes the prayer for suspension of remaining jail sentence of the appellant and prays for dismissal of the application.

We have heard learned counsel for the parties at length and perused the record.

Considering the above factual matrix of the case and without expressing any opinion on merits of the case, we deem it proper to suspend the remaining

jail sentence of appellant No.2-Gyansingh @ Gyani. Accordingly, I.A.No.19155/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.2 is hereby suspended and it is directed that appellant 2-Gyansingh @ Gyani be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the concerning trial Court on 04/12/2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

                                   Certified copy as per rules


                                (SUJOY PAUL)                                  (DWARKA DHISH BANSAL)
                                   JUDGE                                             JUDGE

                           ss




Signature Not Verified
Signed by: SWETA SAHU
Signing time: 10/26/2023
5:16:47 PM