Ashok Rathore vs The State Of Madhya Pradesh
2024 Latest Caselaw 3630 MP

Madhya Pradesh High Court

Ashok Rathore vs The State Of Madhya Pradesh on 7 February, 2024

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 1375 of 2024
                                              (ASHOK RATHORE Vs THE STATE OF MADHYA PRADESH)

                            Dated : 07-02-2024
                                  Shri Arshad Ali - Advocate for the appellant.

                                  Shri Nitin Goyal - Panel Lawyer for the State.
                                  Heard on the question of admission.
                                  Being arguable, the appeal is admitted for final hearing.
                                  Also heard on IA No. 1788/2024, first application under Section 389(1)
                            Cr.P.C. moved on behalf of the appellant- Ashok Rathore seeking suspension

                            of sentence and grant of bail.
                                  Appellant stood convicted under Section 452 of the IPC and sentenced
                            to undergo three years' RI with fine of Rs. 3,000/- and under Section 325 of
                            IPC and sentenced to undergo three years' RI with fine of Rs.5,000/-, with
                            default stipulation vide judgment of conviction and order of sentence dated
                            14/12/2023 passed by Sessions Judge, District Gwalior (M.P.) in ST No-
                            213/2022.
                                  Learned Counsel for appellant submits that the impugned judgment
                            passed by learned      trial Court is based on assumption, conjectures and

                            surmises. The learned Trial Court has committed an error in convicting and
                            sentencing the present appellant without appreciating the prosecution evidence
                            properly. There are material contradictions and omissions in the evidence of
                            witnesses. The jail sentence of appellant was suspended under Section 389(3)
                            of the Cr.P.C by learned trial Court. Fine amount has already been deposited by
                            the appellant. There is no likelihood of early hearing of the appeal in the near
                            future. On these premised submissions, learned counsel prays that the execution
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 08-02-2024
10:02:09 AM
                                                                    2
                            o f remaining jail sentence of appellant may be suspended and he may be
                            enlarged on bail during pendency of the instant appeal.
                                    Per contra, learned counsel for respondent State opposes the application

and prays for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that the execution of remaining jail sentence of appellant- Ashok Rathore shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court first on 20/03/2024 and on further dates as may be fixed by the Registry in this regard till final disposal of the instant appeal.

Accordingly, IA No.1788/2024 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Vijay