Raja Alias Rajaram vs The State Of Madhya Pradesh
2024 Latest Caselaw 4046 MP

Madhya Pradesh High Court

Raja Alias Rajaram vs The State Of Madhya Pradesh on 12 February, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 5172 of 2022
                                      (RAJA ALIAS RAJARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-02-2024
                                  Shri Shubham Gupta - Advocate for the appellant.

                                  Ms.Shikha Baghel - Panel Lawyer for the respondent/State..

Heard on I.A. No.2319/2024 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 11.04.2022 delivered in ST No.84/2021 passed

by Session Judge, District - Narsinghpur.

T he appellant has been convicted under Section 326/24 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.2,000/- and Section 506 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.2,000/- with default stipulations.

Learned counsel for the appellant submits that trial court has not appreciate evidence on record and has wrongly sentenced appellant under Sections 326/34 and 506 of IPC. The appellant is in custody for more than 23 months. The final hearing of this appeal is not possible in near future. Thus,

remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Panel Lawyer.

Taking into consideration, period of sentence and period of custody already under gone by the appellant as well as overall evidence on record, including nature of injury, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.2319/2024 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 be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- (Rupees Twenty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court on 22.04.2024 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 case for final hearing in due course.

Certified copy as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

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