Mukesh Singh Rajpoot vs The State Of Madhya Pradesh
2021 Latest Caselaw 9164 MP

                                    1                               CRA-7372-2021
         The High Court Of Madhya Pradesh
                  CRA No. 7372 of 2021

(MUKESH SINGH RAJPOOT Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 23-12-2021 Mr. Pushpendra Dubey, learned counsel for the appellant.

Ms. Vibha Pathak, learned Panel Lawyer for the State. Record of Court below is available.

Heard on I.A. No.23217/2021 which is an application for urgent hearing of case during winter vacation.

Considering the grounds mentioned in the application, I.A. No.23217/2021 is allowed.

Also heard on I.A. No.21701/2021 an application under Section 389(1) of the Cr.P.C. suspension of sentence and grant of bail to the applicant/appellant - Mukesh Singh Rajpoot.

By impugned judgment dated 25.11.2021 passed by the Ist Upper Session Judge, Sehore, District Sehore (M.P.) in S.T. No.69/2017 the appellant has been convicted under Sections 419 and 473 of the Indian Panel Code and sentenced to undergo R.I. for 1 year with fine of

Rs.500/- and R.I. for 3 years with fine of Rs.500/-, with default stipulations.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. There is no sufficient evidence available on record to convict the appellant under the aforesaid offences. It is further contended that the appellant has been granted bail by the Court below till 27.12.2021. The final disposal of instant appeal would take considerable time. Therefore, substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has opposed the prayer for bail.

2 CRA-7372-2021 Looking to the nature of offence and sentence awarded by the trial Court, without commenting upon the merits of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of

Rs.40,000/-(Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon applicant - Mukesh Singh Rajpoot shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant shall appear before the trial Court concerned on 07.04.2022 and on all such subsequent dates, as may be fixed in this regard during pendency of this appeal.

Accordingly, I.A.No.21701/2021 is allowed. List this case for admission after two months.

(SMT. ANJULI PALO) V. JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2021.12.23 15:04:09 IST