Tirri @ Rahul Raikwar vs The State Of Madhya Pradesh
2024 Latest Caselaw 16679 MP

Madhya Pradesh High Court

Tirri @ Rahul Raikwar vs The State Of Madhya Pradesh on 18 June, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                              1                                   CRA-6685-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 6685 of 2024
                                         (TIRRI @ RAHUL RAIKWAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-06-2024
                                Shri Harshit Pandey - Advocate for appellant.

                                Shri A.K Rawat - Government Advocate for the respondent/State.

Heard on admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Record of the Court below be requisitioned.

Heard on I.A No.14739 of 2024, an application for urgent haring in summer vacation.

For the reasons mentioned in the aforesaid application, I.A No.14739 of 2024 is hereby allowed and disposed of.

Also, heard on I.A. No.13510 of 2024, first application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant- Tirri @ Rahul Raikwar arising out of judgment dated 17.05.2024 delivered in S.T. No.720/2022 passed by 20th Additional Sessions Judge District Jabalpur.

T h e appellant has been convicted for the offence punishable under

Section 25(1-B) A of Arms Act and sentenced to undergo R.I. for 02 years with fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submitted that the appellant is innocent and has been falsely implicated in the crime in question. The Trial Court has not properly appreciated the oral and documentary evidence available on record. Fine amount has already been deposited by the appellant. The final disposal of this appeal would take considerable time. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be

2 CRA-6685-2024 considered.

Learned Government Advocate for the respondent/State has opposed the application and prays for its dismissal.

Considering the aforesaid factual backdrop and bleak chances of final hearing of this appeal in near future, without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No.13510 of 2024 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that

appellant-Tirri @ Rahul Raikwar be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Jabalpur o n 11.09.2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

(DWARKA DHISH BANSAL) V. JUDGE

Prar