Madhya Pradesh High Court
Rahul Yadav vs The State Of Madhya Pradesh on 21 December, 2022
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12275 of 2022
(RAHUL YADAV Vs THE STATE OF MADHYA PRADESH)
Dated : 21-12-2022
Shri Abhishek Parashar, learned counsel for the appellant.
Ms. Anjali Gyanani, learned Public Prosecutor for the respondent-State.
Heard o n I.A.No.20080/2022, first application for suspension of
sentence filed on behalf of the appellant.
T h e appellant has been convicted under Section 177 of IPC and
sentenced to undergo 03 months' imprisonment with fine of Rs.500/-, under
Section 420 of IPC and sentenced to undergo 04 years' RI with fine of
Rs.1000/-, under Section 467 of IPC and sentenced to undergo 04 years' RI
with fine of Rs.5000/-, under Section 468 of IPC and sentenced to undergo 03
years' RI with fine of Rs.1000/- and Section 471 of IPC and sentenced to
undergo 04 years' RI with fine of Rs.5000/- with default stipulations
respectively v i d e judgment of conviction and order of sentence dated
19/12/2022 passed by XII Additional Sessions Judge, District-Gwalior passed
in ST No.600676/2014.
A s per prosecution story, an impersonated person had appeared on
behalf of the present appellant Rahul Yadav as a candidate in the entrance test
of PMT conducted in the year 2004. Accordingly, case has been registered
against the appellant alleging that with the connivance and collusion of the
appellant, an impersonated person had appeared in the examination.
Learned counsel for appellant submits that appellant is innocent and has
b e e n falsely implicated for want of material/incriminating material. The
conviction is based on surmises and conjectures and suffers from patent
perversity. Appellant is a young boy having no criminal antecedents. So far
appellant suffered incarceration for 02 years and 04 months including the period
undergone during trial. Similarly situated person namely Dillip Kannoje involved
in the alleged crime has been extended benefit of suspension of sentence by this
Court vide order dated 08/02/2022 in Cr.A. No.8043/2021, hence, appellant
seeks parity. Moreso, the appeal is of the year 2022 and there is no likelihood
of early hearing of this appeal in near future. Under such circumstances,
learned counsel prays for suspension of sentence and grant of bail to the
appellant.
Learned counsel for respondent/ State opposes the application
supporting the impugned judgment and submits that complicity of the appellant
is at large as apparently with his knowledge and consent, a impersonated person
had appeared on his behalf in the PMT test conducted in the year 2004. The
allegations against the appellant have been established beyond reasonable doubt
based on cogent evidence placed on record, hence, no exception can be taken
in the matter of suspension of sentence to the appellant.
Upon hearing learned counsel for the parties though this Court refrains
from commenting upon the rival contention touching merits of the matter but
regard being had to the fact that appellant is a young boy who has no criminal
antecedents and has already suffered 02 years and 04 months incarceration, and
also looking to the fact that similarly situated person Dilip Kannoje (surpa) has
been given the benefit of suspension of sentence hence, in the obtaining facts
and circumstances, that appellant is held entitled for suspension of sentence,
thus the application deserves to be allowed.
Consequently, I.A.No.20080/2022 is hereby allowed and it is directed
that the jail sentence of the appellant shall remain suspended and he be released
on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees
Two Lac Only) with one solvent surety in the like amount to the satisfaction of
the trial Court subject to verification of the factum regarding deposit of the fine
amount for his appearance before the Registry of this Court first on
23/02/2023, and on further dates as may be directed by the Registry in that
regard, with following further conditions:
(i) Appellant will abide by the terms and conditions of various circulars
and orders issued by the Government of India and the State Government as
well as the local administration from to time in the matter of maintaining social
distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel
Corona virus (COVID-19);
(ii) The concerned Jail Authorities are directed that before releasing
appellant, his medical examination be conducted through the jail doctor and if it
is prima facie found that he is having any symptoms of COVID-19, then the
consequential follow up action including the isolation/quarantine or any further
test required be undertaken immediately.
(iii) Appellant shall mark his attendance before the concerned
police station on 2nd and 4th Saturday every month between 10:00 a.m.
to 12:00 noon till disposal of this appeal.
(iv) On violation of the conditions, State is free to apply for cancellation
of bail.
Accordingly, I.A. stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
vc
VARSHA
CHATURVEDI
2022.12.21
16:30:30 +05'30'
