Raju vs The State Of Madhya Pradesh
2023 Latest Caselaw 15404 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 1227 of 2020
                                                   (RAJU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-09-2023
                                  Shri Ashish Gupta, learned counsel for the appellant.

                                  Shri Anand Bhatt, learned Govt. Advocate for the respondent/State.

Heard o n I.A.No.13938/2023, which is the repeat (fourth) application filed under Section 389 (1) of the Cr.P.C. for suspension of jail sentence of the appellant- Raju. Appellant's earlier third bail applications has been dismissed on

merits vide order 14.11.2022.

This appeal is against the impugned judgment and order of conviction passed in Special S.C.No.52/2018 dated 30-12-2019 passed by the 2nd ASJ, Khargone, (Pachim Nimar) (M.P.) The sole appellant has been convicted under Section 376(2)(j) and 376(2)

(n) of IPC and sentenced to undergo 10 years RI each with fine of Rs.5,000/- each with default stipulation.

Counsel for the appellant has submitted that appellant has already suffered more than five years of sentence as he was arrested on 31/7/2018. It is

further submitted that the final hearing of the appeal is likely to take a long time. In such circumstances, it is prayed that the application be allowed.

The prayer for suspension of sentence is opposed by the learned counsel for the State.

Having considered the rival submissions and perusal of the documents filed on record as also taking note of the period of incarceration as the appellant has completed for more than half of the sentence, it would be expedient to allow the application for suspension jail sentence of the appellant. Accordingly, Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 19-09-2023 16:45:12

the application I.A.No.13938/2023, stands allowed.

It is directed that upon depositing fine amount and on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, shall mark his presence before the concerned trial Court on 04.12.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE

das

Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 19-09-2023 16:45:12