Rahul Saket vs The State Of Madhya Pradesh
2024 Latest Caselaw 6720 MP

Madhya Pradesh High Court

Rahul Saket vs The State Of Madhya Pradesh on 5 March, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                           CRA No. 12461 of 2023
                    (RAHUL SAKET Vs THE STATE OF MADHYA PRADESH)

Dated : 05-03-2024
       Shri Suyash Mohan Guru - Advocate for the appellant.

       Shri Aman Patel - Panel Lawyer for the State.

       Reserved     on : 19.02.2024
       Pronounced on: 05.03.2024

       This application having been heard and reserved for orders, coming on

for pronouncement this day, the court passed the following:
                                        ORDER

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.23381/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant has been convicted for the offence punishable under Sections 304-B and 498-A of IPC and sentenced to undergo R.I. for 10 years

and 02 years with fine of NIL and Rs.1,000/-, respectively. He has also been convicted for an offence punishable under Section 4 of the Dowry Prohibition Act and sentenced to undergo R.I. for 01 year with fine of Rs.1,000/-, with default stipulations.

Learned counsel for the appellant submits that the maximum jail sentence of appellant is of ten years and 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.

Heard counsel for the parties, perused the judgment and record of the court below.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this

application is allowed.

I t 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 solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 16.05.2024 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 this criminal appeal along with Criminal Appeal No.12070/2023 for final hearing in due course.

(ANURADHA SHUKLA) JUDGE ps

Date: 2024.03.06 10:36:10 +05'30'