Rajesh Saket vs The State Of Madhya Pradesh
2024 Latest Caselaw 5780 MP

Madhya Pradesh High Court

Rajesh Saket vs The State Of Madhya Pradesh on 26 February, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 10355 of 2022
                                             (RAJESH SAKET Vs THE STATE OF MADHYA PRADESH)

                          Dated : 26-02-2024
                                Shri B.S. Kushwaha - Advocate for appellant.

                                Ms. Shanti Tiwari - Panel Lawyer for respondent-State.

Record of the Court below is received.

Heard on I.A.No.8573/2023, which is an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the

appellant.

The appellant has been convicted and sentenced as mentioned in the impugned judgment dated 18.05.2022 passed by the Additional Sessions Judge, Sirmor District Rewa in S.T. No.18/2019.

Learned counsel for the appellant submits that the Courts below have not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offences. It is further contended by the counsel for the appellant that the appellant has already suffered 5 years and 4 months in custody as of now. Therefore, in the light of

judgement of Apex Court in the case of Saudan Singh vs. The State of U.P. and Ors. [SLP (Criminal) No.4633/2021], the appellant deserves to be enlarged on bail having suffered more than half of the sentence.

Per contra, learned counsel for the respondent opposed the prayer. Heard the rival submissions and perused the case diary. Therefore, considering the totality of the facts and circumstances of the case and the fact that appellant has already suffered more than half of the sentence as of now. Therefore, without commenting anything on the merit of the

case, this Court deem it proper to suspend the jail sentence of the appellant. Accordingly, I.A.No.8573/2023 is allowed.

The execution of jail sentence of appellant is hereby suspended subject to depositing the fine amount, (if not already deposited) and on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty 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 trial Court on 08.07.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

The appeal has already been admitted for final hearing, so it be listed for

final hearing in due course.

C.C. as per rules.

(MANINDER S. BHATTI) JUDGE

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