Rajat Saini vs The State Of Madhya Pradesh
2023 Latest Caselaw 14817 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                     CRA No. 3264 of 2019
                                             (RAJAT SAINI Vs THE STATE OF MADHYA PRADESH)

                         Dated : 08-09-2023
                                Shri A.K. Singh - Advocate for the appellant.

                                Shri C.M. Tiwari- Government Advocate for the respondent/State.

Heard on I.A No.16299/2022, this is the second application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Rajat Saini arising out of judgment dated 09.01.2019 delivered in

S.T.No.226 of 2018 by the 11th ASJ, Bhopal.

The appellant has been convicted under Section 419 of the I.P.C and sentenced to undergo R.I. for one year with fine of Rs.500/-, under Section 420 of the I.P.C and sentenced to undergo R.I. for three years with fine of Rs.500/-, under Section 467 of the I.P.C and sentenced to undergo R.I. for seven years with fine of Rs.500/-, under Section 468 of the I.P.C and sentenced to undergo R.I. for five years with fine of Rs.500/- and under Section 471 of the I.P.C and sentenced to undergo R.I. for seven years with fine of Rs.500/- with default stipulation.

H i s first application was dismissed as withdrawn by order dated 25.06.2019 passed in Cr.A.No.3264 of 2019 (I.A.No.6895 of 2019).

Learned counsel for the appellant submits that learned trial Court has wrongly convicted and sentenced the appellant. There is no evidence to connect appellant with the alleged offence. The appellant has been sentenced to undergo R.I. for seven years etc., out of that, appellant has completed sentence of four years and nine months. The final hearing of this appeal will take time, therefore, it has been prayed that the remaining jail sentence of this appellant No.1 may be Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/9/2023 10:37:59 AM

suspended.

The prayer is opposed by learned Government Advocate for the State. Taking into consideration the facts of the case including evidence on record and custody period, coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the present appellant.

Accordingly, aforesaid I.A. is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellant Rajat Saini be released on bail on his furnishing a personal

bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before concerning the trial court on 22.11.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

vai

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/9/2023 10:37:59 AM