Bhagirath vs The State Of Madhya Pradesh
2023 Latest Caselaw 18144 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 2004 of 2021
                                         (BHAGIRATH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-10-2023
                                 Shri Aseem Dixit - Advocate for appellants.

                                 Shri Aditya Choubey - Government Advocate for respondent/State.

Hear d o n I.A. No.21882/2023, this is repeat (fifth) application for suspension of sentence and grant of bail filed under Section 389 (1) of Cr.P.C. on behalf of appellant No.4 - Raju @ Chakrawale.

Earlier applications for suspension of sentence and gran of bail were dismissed as withdrawn.

The appellant No.4 has been convicted vide judgment dated 09/03/2021 passed by 2nd Additional Sessions Judge, Khurai, District Sagar in S.T. No. 200596/2013 and appellant No.4 has been found guilty for commission of offence punishable under Section 307/34 of IPC and sentenced to undergo RI for 5 years and to pay fine of Rs.1,000/- with usual default stipulations.

Learned counsel for the appellant No.4 submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed

grave error in convicting the appellant No.4 for aforesaid offence. Appellant No.4 has already suffered more than half of 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 No.4 may turn infructuous. Under these circumstances, learned counsel for appellants prays for suspension of jail sentence and release of the appellant No.4 on bail till the final disposal of the appeal.

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:11:30 PM

O n the other hand, learned Government Advocate has opposed the contention raised by learned counsel for appellant No.4 and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case, contention o f learned counsel for the appellant No.4 coupled with the fact that appellant No.4 has already completed more than half of 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 No.4-Raju @ Chakrawale 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 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: 10/31/2023 6:11:30 PM