Monu Raikwar vs The State Of Madhya Pradesh
2024 Latest Caselaw 21281 MP

Madhya Pradesh High Court

Monu Raikwar vs The State Of Madhya Pradesh on 6 August, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                            1                              CRA-7481-2021
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 7481 of 2021
                                      (MONU RAIKWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                         Dated : 06-08-2024
                                Shri T. K. Modh - Advocate for appellant.
                                Ms. Shakti Tripathi - Panel Lawyer for respondent/State.

Heard on I.A.No.18917/2022, which is second application filed on behalf of the appellant for suspension of sentence and grant of bail. His earlier application (I.A. No. 21926/2021) was dismissed as withdrawn vide

order dated 08.02.2022 by a Co-ordinate Bench of this Court.

The appellant has been convicted by the trial Court under Section 366- A of IPC and sentenced to undergo R.I. for 07 years with fine of Rs.1,000/- and Section 376(2)(n) of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.1,000/-, with default stipulations.

Learned counsel for appellant submits that appellant is innocent and has falsely been implicated in the case. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed an error in convicting appellant for the aforesaid

offence. The appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

Learned counsel for the State has opposed the application and prayed for its rejection.

2 CRA-7481-2021 Heard learned counsel for the parties and perused the record. Although this is second application, but the prayer for suspension of sentence is being considered for the first time on merits.

Having considered these facts and period of custody of appellants , this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellants under the impugned judgment deserves to be suspended. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of

the trial Court concerned, the custodial sentence of appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 12.11.2024 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid application stands allowed and disposed of. List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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