Raji Mohammad vs The State Of Madhya Pradesh
2024 Latest Caselaw 15877 MP

Madhya Pradesh High Court

Raji Mohammad vs The State Of Madhya Pradesh on 28 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                       CRA No. 6199 of 2024
                                              (RAJI MOHAMMAD Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-05-2024
                                  Mr. Yogendra Singh Tomar - Advocate for the appellant.

                                  Mr. Prabhat Pateriya - Dy. Public Prosecutor for respondent/ State.

Heard on I.A.No.10268 of 2024, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant with an alternative prayer for grant of temporary bail as record has not been received.

The appeal has been preferred by the appellant under Section 374 (2) of

the Cr.P.C. against the impugned judgment of conviction and sentence dated 16.05.2024 passed by Court of VI Additional Sessions Judge, Morena, District Morena (M.P.) in S.T. No.60/2020 whereby, appellant has been convicted and sentenced under Section 420 (two counts) of IPC and sentenced to undergo rigorous imprisonment for 1-1 year with fine of Rs. 2,000/- with default stipulations.

Learned counsel for the appellant submitted that learned trial Court has wrongly convicted the appellant without appreciating the evidence on merit. Further submission is that there are material omissions and contradictions in the

statement of the prosecution witnesses. Appellant was on bail during trial. He never misused the liberty granted to him during trial. Therefore, learned counsel for appellant at this stage orally prays for grant of temporary suspension of sentence and grant of bail for a limited period.

Per contra, learned Public Prosecutor for respondent/State opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available

on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain temporarily suspended for a period of three months from today and he be released on bail.

List the case on 08.07.2024.

Meanwhile, Registry is directed to call the record of the Court below.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)