Rakesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8356 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR
                             CRA No. 5259 of 2022
                        (RAKESH Vs THE STATE OF MADHYA PRADESH)


Dated : 23-06-2022
      Shri Suraj Pratap Singh Kushwah - Advocate for the appellant.
      Smt. Abha Mishra - Public Prosecutor for the respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing. Let record of the Court below be requisitioned.

Also heard on , which is first application under Section

389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant-

Rakesh.

This Criminal Appeal assails the judgment dated 24/05/2022 passed in Sessions Trial No.290/2012 by First Additional Sessions Judge, Gohad, District

Bhind whereby, appellant stands convicted under Sections 147, 148, 332/149 (two counts), 333/149, 353 of IPC and sentenced him to undergo six months RI, 01 year RI, 2 years RI (two counts), three years RI and 01 year RI with fine of Rs. 500/-, Rs.500/-, Rs.1,000/- (two counts), Rs.2000/-, Rs.500/- respectively with default stipulations.

Learned counsel for the appellant- Rakesh submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. He has falsely been implicated in the case. The maximum punishment awarded to the appellant is three years and jail sentence of the appellant has already been suspended by the trial Court till 22/06/2022. Fine amount has already been deposited by the appellant. It is further submitted that the jail sentences of co-convicted accused, 2 of 3

namely, Rajkumar Gurjar, Raju @ Rajeev and Bhura have already been suspended by this Court vide orders dated 22/06/2022 passed in Cr.A. No.5087/2022 and Cr.A. No.5240/2022 respectively. The case of present appellant is on same footing. Appellant is ready to abide by any condition which may be imposed by this Court. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Per contra, learned State counsel vehemently opposed the application and

prayed for its rejection.

Heard learned counsel for the parties and perused the documents available on record.

Considering the arguments advanced by learned counsel for the parties,

without commenting on merits of the case, is hereby allowed.

Subject to depositing of fine amount, if not already deposited, and on furnishing

personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the

remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of

this Court on 12/09/2022 and on subsequent dates given by the Office in this regard,

till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar

Digitally signed by SHUBHANKAR MISHRA Date: 2022.06.23 17:48:13 +05'30' 3 of 3