Ramakant Vijayyargiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 17847 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 3760 of 2023
                                           (RAMAKANT VIJAYYARGIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-10-2023
                                 Shri Ankit Saxena - Advocate for appellant.

                                 Shri      Dilip   Kumar      Shrivastava-       Government     Advocate   for
                           respondent/State.

Heard on I.A. No. 6337/2023, which is an application under Section 5 of Limitation Act for condonation of delay caused in filing the appeal. The delay

is of 5 days.

For the reasons mentioned in the application, I.A. No. 6337/2023 is allowed. Delay in filing the appeal is hereby condoned.

Also heard on the question of admission.

Appeal seems to be arguable and is admitted for final hearing. Also heard on IA No. 6059 of 2023, which is the first 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.

Appellant stood convicted under Sections 420, 409 of the IPC and

sentenced to suffer R.I. for 4 years and 7 years with fine of Rs.10,000/- and Rs. 20,000/- with default stipulations respectively vide judgment of conviction and order of sentence dated 05.01.2023 passed by 7th Additional Sessions Judge, Bhopal District- Bhopal in S.T. No.293 of 2021.

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. Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 10/27/2023 10:35:27 AM

Appellant is in jail. Appeal is of the year 2023 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 bail may be considered.

P e r contra, learned counsel for State 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 2023 and there is no likelihood of early hearing of the

appeal in near future, under these facts and circumstances, present appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No 6059 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 two solvent sureties of Rs. 50,000/- each 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 22/12/2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 10/27/2023 10:35:27 AM