Rahul vs The State Of Madhya Pradesh
2024 Latest Caselaw 13666 MP

Madhya Pradesh High Court

Rahul vs The State Of Madhya Pradesh on 10 May, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2512 of 2023 (RAHUL Vs THE STATE OF MADHYA PRADESH)

Dated : 10-05-2024 Shri Sunil Kumar Mishra - Advocate for the appellant.

Shri K.V.S. Rao - Panel Lawyer for the State.

The appeal being arguable is admitted for final hearing.

Heard on I.A.No.10440/2024, which is the second application under Section 389(1) of the Cr.P.C. filed on behalf of appellant for suspension of

sentence and grant of bail.

T he appellant has been convicted and sentenced as mentioned in the impugned judgment dated 02.02.2023 passed by the I Additional Sessions Judge, Niwadi, District Niwadi in S.T. No.28/2020.

Learned counsel for the appellant contends that the previous application for suspension of sentence was dismissed as withdrawn vide order dated 29.2.2024. It is contended by the counsel for appellant that as of now the appellant has suffered 01 year and 7 months of incarceration. It is further contended by the counsel that identification of the present appellant is a pivotal

issue, inasmuch as statement of victim clearly reflects that she identified the present appellant as photographs of the appellant was shown to P.W. 1 by her husband. The photograph was taken when the appellants were in the Police Station. It is thus contended by the counsel that considering the totality of facts and circumstances of the case, the fact that co-accused has been enlarged on bail and the period of incarceration, the appellant be enlarged on bail. Learned counsel further submits that there is no likelihood of final hearing of the instant

appeal in the near future.

Learned counsel for the State has opposed the prayer for suspension of sentence and grant of bail the the appellant.

Considering the totality of circumstances and also considering the paragraph 5 of the testimony of P.W. 1, age of appellant and also the fact that there is conviction of 5 years, out of which the appellant has already suffered 1 year and 7 months incarceration, this Court deems it proper to enlarge the appellant on bail. Therefore, I.A. No.10440/2024 is allowed.

I t is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during pendency of this appeal and he

be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 08/07/2024 and on such further dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE

VKT