Rajendra Rawat @ Rajendra vs State Of Madhya Pradesh

J.P.Gupta, J

Heard on I.A.No.12871/2020 which is second application filed by appellants under section 389(1) of Cr.P.C. for suspension of his jail sentence dated

28.6.2017 passed by the SJ Sidhi, District Sidhi in Sessions Case No.47/2016 convicting the appellant under section 307 I.P.C. and sentenced him to

undergo R.I. for 7 years along with fine of Rs.5,000/-, with default stipulation. First application was dismissed as withdrawn vide order dated

14.1.2020.

Learned counsel for the appellant submitted that the appellant has completed more than half period of jail imprisonment, i.e. more than three and half

years. Disposal of appeal will take time. Appellant has no criminal antecedents. Appellant has fair chance to succeed in the appeal. Even if the

prosecution case is assumed to be true, then also no offence under section 307 of the I.P.C. is made out and there is possibility that the sentence may

be reduced to the sentence already undergone. In the circumstances, if execution of sentence is not suspended, his right to appeal will be futile. In the

aforesaid circumstances, prayer is made to suspend the execution of jail sentence and grant bail to the appellants.

On the other hand, learned P.L. for the respondent-State has opposed the application and prayed for rejection of the same.

Having considered the contention of learned counsel for the parties and on perusal of the record, this application is allowed. It is ordered that subject

to payment of fine amount, if not already deposited, execution of jail sentence of appellant Rajendra Rawat @ Rajendra shall remain suspended during

the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with

one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 12.1.2021 & thereafter on all other such

subsequent dates as may be fixed by that Court in this regard.

In case, the appellant is found absent on any date fixed by the trial court, then the trial court shall be free to issue and execute warrant of arrest

without referring the matter to this Court, provided the Registry of this Court is kept informed.

List the appeal for final hearing in due course.

C.C. as per rules.