Madhya Pradesh High Court
Radhey @ Surya Mogiya vs The State Of Madhya Pradesh on 1 May, 2025
1 CRA-13774-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 13774 of 2024
(RADHEY @ SURYA MOGIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 01-05-2025
Shri Prem Singh Bhadouria and Shri S.K. Mishra - Advocates for the
appellants.
Shri Saket Udeniya - Public Prosecutor for the State.
Learned counsel for the appellants submits that he does not press
I.A.No.4054/2025, 1st application for suspension of sentence and grant of bail
filed on behalf of appellant No.1- Radhe @ Surya Mogia.
Accordingly, I.A.No.4054/2025 is dismissed as withdrawn.
Heard on I.A.No.3084 of 2025 , first application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail filed on behalf of appellant
No.3- Raja Mogia
2. This Criminal Appeal assails the judgment dated 09.12.2023 passed in SC
DOCT No.05/2023 by the Special Judge, Sheopur, whereby the appellant has
been convicted under Section 392 read with Sections 11/13 of the MPDVPK Act
and sentenced to undergo 5 years RI with fine of Rs.1,000/- with default
stipulation.
3. Learned counsel for the appellants submits that trial Court has wrongly
convicted appellant No.3 without proper appreciation of facts of the case as well
as evidence on record. It is further submitted that co-appellant No.2 Chicha @
Gabbar Mongiya has been granted benefit of suspension of sentence by this Court
vide order dated 31.01.2025 and the case of appellant No.3 is akin to that of
aforesaid co-appellant. During trial, he remained in custody from 09.03.2023 to
2 CRA-13774-2024
11.07.2023 and thereafter from the date of judgment i.e. i.e. 09.12.2023 he is in
custody. Final hearing of the appeal will take time. Therefore, learned counsel
prays for grant of suspension of jail sentence to appellant No.3.
4. Per contra, learned counsel for the State opposed the application and prayed
for its rejection, however, he fairly conceded the fact of parity.
5. Heard learned counsel for the parties and perused the record.
6. Having considered the arguments of learned counsel for the parties and
attending facts and circumstances of the case as well as that similar situated co-
appellant has been granted benefit of suspension of sentence, without
commenting on merits of the case, I.A.No.3084 of 2025 is hereby allowed.
Subject to depositing of fine amount, if not already deposited, and on furnishing
personal bond of Rs.1,00,000/- (Rupees One Lac Only) with a solvent surety of
the like amount to the satisfaction of the concerned trial Court, the remaining jail
sentence of appellant No.3- Raja Mogia shall remain suspended and he be released
on bail. The appellant No.3 is further directed to mark his appearance before the
Registry of this Court on 16/06/2025 and on subsequent dates given by the
Registry in this regard, till final disposal of this appeal.
C.C. as per Rules.
(RAJENDRA KUMAR VANI)
JUDGE
ms/-
