Rahul Garg vs The State Of Madhya Pradesh
2021 Latest Caselaw 2921 MP

                                                                     1                              CRA-2126-2020
                                           The High Court Of Madhya Pradesh
                                                      CRA-2126-2020
                                                      (RAHUL GARG Vs THE STATE OF MADHYA PRADESH)

                                    11
                                    Jabalpur, Dated : 02-07-2021
                                          Heard through Video Conferencing.

                                          Shri Sanjay Sharma, Advocate for the appellant.
                                          Shri Lokesh Jain, P.L. for the respondent-State.

Record of the trial Court has been received.

Heard on the question of admission.

Appeal is admitted for final hearing.

Heard on I.A. No.4262/2020 an application for suspension of execution of sentence awarded to the appellant and grant of bail.

Vide judgment dated 06.02.2020, in S.T. No. 216/2013 passed by learned A.S.J. Balaghat Distt.-Balaghat, M.P., the appellant has been convicted for the offence punishable under Section 419 of IPC and sentenced to undergo R.I. for 2 years with a fine of Rs. 2,000/-, under Section 384 of IPC and sentenced to undergo R.I. for 2 years with a fine

of Rs. 2,000/- and under Section 468 of IPC and sentenced to undergo R.I. for 3 years with a fine of Rs.5,000/- with default stipulation in each.

As per prosecution case, between 12.09.2012 to 17.09.2012, appellant impersonated himself as Officer of Crime Branch and cheated Rs. 10,000/- from the complainant Dr. Sudhir Bisen on account of registering complaint in the police on the basis that complainant does not have the degree of allopathy.

Learned counsel for the appellant submits that learned Trial Court ha s committed grave error to convict and sentence to the appellant- accused. Learned Trial Court did not appreciate the evidence in perspective way. There is no evidence available on the record on which Signature Not Verified SAN it can be said that the appellant has impersonated himself as Crime Digitally signed by PALLAVI SINHA Date: 2021.07.02 17:26:08 IST 2 CRA-2126-2020 Branch Officer by manipulating any document. Apart from this, complainant himself does not identify the appellant-accused in the Trial Court. Learned Trial Court has already suspended the execution of jail sentence of the appellant and granted him bail. Thereafter, the same has been extended by this Court also. There are material contradiction and omission in the statement of the prosecution witnesses. Appellant-accused is no t previously convicted. This appeal is of year 2020. It is the time of COVID-19 due to which final hearing of this appeal will take time. There is every possibility to succeed in this appeal. There is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the execution of sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail to the present appellant-accused.

On the other hand, learned Panel Lawyer for the respondent-State opposes the submission of appellant's counsel and prays for rejection of application.

Heard and perused the record.

Having considered the arguments advanced by learned counsel for the parties and looking to the facts that learned Trial Court has already suspended the execution of the jail sentence of the appellant and granted him bail, complainant does not identify the appellant-accused in the Trial Court, this appeal is of year 2020, it is the time of pandemic COVID-19 due to which final hearing of this appeal will take time but without commenting anything on the merits of the case, the said I.A. is allowed.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant-Rahul Garg 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.

Signature Not Verified 50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the SAN

Digitally signed by PALLAVI SINHA Date: 2021.07.02 17:26:08 IST 3 CRA-2126-2020 same like amount to the satisfaction of the trial court for his appearance before the learned trial court on 13.09.2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

In case, the appellant is found absent on any date fixed by the trial court then the said 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.

Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority:-

1. The Jail Authority shall ensure the medical examination of the appellant by the jail doctor before his release.

2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

List this matter for final hearing in due course, as per listing policy. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

Pallavi

Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.07.02 17:26:08 IST