Ritik Singh Chouhan @ Manpreet vs The State Of Madhya Pradesh
2024 Latest Caselaw 15840 MP

Madhya Pradesh High Court

Ritik Singh Chouhan @ Manpreet vs The State Of Madhya Pradesh on 28 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 15508 of 2023 (RITIK SINGH CHOUHAN @ MANPREET Vs THE STATE OF MADHYA PRADESH)

Dated : 28-05-2024 Shri Kapil Sharma - Advocate for the appellant.

Shri Amit Garg - Panel lawyer for the State.

Heard on I.A No.29353/2023, which is the firs t application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.

T h e appellant has been convicted for the offences punishable under Sections 327/34, 326/34, 324/34 of IPC and sentenced to undergo RI for 3 years and fine of Rs.1,000/-, RI for 4 years and fine of Rs.4,000/- and RI for 2 years and fine of Rs.2,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence. Appellant is in custody 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.

On the other hand, learned counsel for the State has opposed the application and prays for its rejection.

Heard counsel for the parties and perused the record. 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

sentences awarded to the appellants under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It 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 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 22.08.2024 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

DevS