Ramsevak Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 17835 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 2968 of 2023
                                          (RAMSEVAK VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-10-2023
                                 Shri Mahendra Pateriya - Advocate for appellant.

                                 Smt. Shakti Tripathi - Panel Lawyer for respondent/State.

Heard on I.A. No.21416/2023, this is the repeat (second) application for suspension of sentence and grant of bail filed under Section 397 of Cr.P.C. on behalf of appellant -Ramsevak Vishwakarma.

Earlier application for suspension of sentence and grant of bail of appellant 1 has been dismissed as withdrawn by this Court, vide order dated 14/08/2023.

T h e appellant has been convicted vide judgment dated 17/02/2023 passed by Third Additional Sessions Judge, Damoh in S.T. No. 89/2018 and appellant has been found guilty for commission of offence punishable under Section 409 of IPC and sentenced to undergo RI for 7 years and to pay fine of Rs. 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. Learned counsel for appellant submits that the appellant is ready to deposit Rs.3,00,000/-under protest before the trial Court and there is no evidence available on record to connect the appellant with the alleged offence. 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 No.1 may turn infructuous. Under these Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/26/2023 6:06:23 PM

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.

O n the other hand, learned Panel Lawyer has opposed the contention rais ed 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 is ready to deposit Rs.3,00,000/-under protest before the trial Court and there is no evidence available on record to connect the appellant with the alleged offence, 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-Ramsevak Vishwakarma shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing Rs.3,00,000/-cash under protest before the trial Court and entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with two solvent sureties of Rs.50,000/- each in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 22/12/2023 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: 10/26/2023 6:06:23 PM