Rakesh Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 3785 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 213 of 2022 (RAKESH YADAV Vs THE STATE OF MADHYA PRADESH)

Dated : 16-03-2022 Mr. Laxman Prasad, learned counsel for the appellant. Mr. Ved Prakash Tiwari, learned Government Advocate for the State.

Record of Court below is available.

Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No..232/2022, which is first application under Section

389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant - Rakesh Yadav.

By the impugned judgment dated 26.11.2021 passed by Viith Additional Session Judge, Katni (M.P.) in Session Trial No.100248/2015 the appellant has been convicted for offences under Section 376 of the I.P.C. and sentenced to undergo R.I. for 10 years with fine of Rs.5000/-, with default stipulations.

Learned counsel for the appellant/applicant has submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial

Court has not properly appreciated the oral and documentary evidence available on record. The appellant is in jail since 23.08.2015 and he has already served 6 years and 8 months. Final disposal of this appeal would take considerable time. Therefore, prayer has been made to suspend the sentence of the appellant/applicant.

Learned Government Advocate has opposed the prayer for suspension of sentence.

Considering the evidence available on record and custody period of the appellant, without commenting on merits of the case, the application is allowed.

It is directed subject to deposit of fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the

trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant - Rakesh Yadav shall remain suspended during the pendency of this appeal and he be released on bail.

The appellant shall appear before the concerned trial Court on

26.07.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.232/2022 stands disposed of. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.03.16 17:56:16 IST