Rahul Rajpoot vs The State Of Madhya Pradesh
2022 Latest Caselaw 17097 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 6547 of 2022
                                               (RAHUL RAJPOOT Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-12-2022
                                    Shri Sourabh Singh Thakur - Advocate for the appellant.

                                    Shri Satyapal Chadhar - Government Advocate for the respondent-

State.

Heard on I.A. No.14347/200, which is an application for condonation of delay.

It is contended by the counsel for the appellant that this is an appeal assailing the judgment of conviction dated 24.10.2019. The appeal within the prescribed period could not be preferred on account of outbreak of Covid-19. Thus, submits that the delay of approximately 940 days occasioned in filing of appeal is bonafide. Even otherwise, the appellant is in custody since April, 2022.

Learned counsel for the respondent submits that the day to day delay has not been explained in the application and the same has been submitted in a casual manner.

Having considered the contents of the application, the appellant was convicted vide judgment dated 24.10.2019 and as the appellant being a labour was stuck in Delhi and he was not in a position to prefer an appeal, therefore, the application filed vide IA No.14347/2022 is allowed.

Also heard on I.A.No.14346/2022, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.

T h e appellant has been convicted for the offences punishable under Sections 147, 148, 326/149 of IPC and has been sentenced to undergo R.I. for Signature Not Verified Signed by: MANOJ NAIR Signing time: 12/23/2022 11:16:38 AM

1 year, 2 years respectively and for the offence punishable under Section 326/149 of IPC and has been sentenced to undergo R.I. 5 years with fine of Rs.500/- with default stipulation by Additional Session Judge Goharganj District Raisen vide judgment dated 24.10.2019 passed in Special Trial No.26/2018.

Learned counsel for the appellant has submitted that the co-accused Akash Chauhan, Usman Khan and Imran Khan have been enlarged on bail vide order dated 02.12.2019, 20.11.2019 and 18.03.2020 passed in CRA No.9528/2019, CRA No.9399/2019 and CRA No.1468/2020 respectively. It is contended by the counsel for the appellant that the appellant is in custody since 30.04.2022 and, therefore, in view of the parity, the appellant deserves to be

enlarged on bail.

Per contra, learned counsel for the respondent opposed the prays and submitted that after full-fledged trial, the appellant has been rightly convicted for the offences alleged to have been committed by him, therefore, the application for suspension of sentence deserves to be rejected.

Considering the facts that the co-accused convicted along with the appellant have since been enlarged on bail by this Court. This Court deem it proper to suspend the jail sentence of the appellant as well. Accordingly, I.A.No. 14346/2022 is allowed. The execution of jail sentence of appellant is hereby suspended subject to depositing of the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the Registry of this Court on 10.05.2023 and also on such other dates, as may be fixed by that Court in this

Signature Not Verified regard during the pendency of this appeal.

Signed by: MANOJ NAIR Signing time: 12/23/2022 11:16:38 AM

Certified copy as per rules.

(MANINDER S. BHATTI) V. JUDGE

mn

Signature Not Verified Signed by: MANOJ NAIR Signing time: 12/23/2022 11:16:38 AM