Neeraj Raghuvanshi vs The State Of Madhya Pradesh
2022 Latest Caselaw 6656 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                              CRA No. 9625 of 2018
                 (NEERAJ RAGHUVANSHI Vs THE STATE OF MADHYA PRADESH)

Dated : 04-05-2022
      Shri D.R. Sharma, learned counsel for the appellant.

      Shri Kaushalendra Singh, learned Public Prosecutor for respondent/State.

Heard o n IA.3269/2022, which is fourth repeat application under Section 389(1) of Cr.P.C. moved on behalf of appellant-Neeraj Raghuvanshi, seeking suspension of sentence and grant of bail. His earlier application (IA.27517/2021) was dismissed as withdrawn vide order dated 09.11.2021.

Appellant stands convicted under Sections 341, 395/397 and 120B IPC and sentenced to undergo RI for one month with a fine of Rs.500/-, RI for 10 years with a fine of Rs.1,000/- and RI for five years with a fine of Rs.500/- respectively with default stipulations vide judgment of conviction and order of sentence dated 14.09.2015 passed by III Additional Sessions Judge, Guna (M.P.) in ST No.259/2014.

Appellant is in custody since 20.11.2018.

As per prosecution story, a complaint was filed inter alia alleging that on 22.12.2008 at around 4:00 in the evening at Guna bypass AB Road Guna under

Cantt. police station jurisdiction, complainant Sanjay and Saeed who were travelling in a Bolero vehicle were intercepted by some unknown accused persons in white Esteem car. They looted and made Saeed to sleep in the middle of the rear seat of esteem car and thereafter they proceeded towards Gwalior. Despite seizing the accused-vehicle, they could not be traced. During investigation, it is alleged that unknown accused persons were hired from outstation and were lodged in a hotel booked in the name of present appellant. Accordingly, the case was registered and upon submission of final report, case was committed to Sessions Court for trial.

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated. The prosecution witnesses including the manager of the hotel, namely, Omprakash Shivhare (PW-1) have turned hostile and did not support the story of prosecution. No incriminating material whatsoever has been found implicating the present appellant with the alleged crime, particularly in the

context of the alleged fact of lodging of unknown accused persons in the room of the hotel booked in the name of appellant. It is submitted that impugned judgment is based on surmises and conjectures and suffers from perversity of approach. Appellant is in jail since 20.11.2018. Appeal is of the year 2018 and there is no

likelihood of the early hearing of the appeal. With the aforesaid submissions, learned counsel for appellant prays for suspension of sentence and grant of bail.

Per contra, Shri Kaushalendra Singh, learned Public Prosecutor for the respondent-State opposes the application supporting the impugned judgment with submission that no exception can be taken in the matter of suspension of jail sentence and grant of bail to the appellant.

Upon hearing learned counsel for the parties, though this Court refrains from commenting on merits of contentions advanced, but in the obtaining facts and circumstances, IA.3269/2022 deserves to be and is hereby allowed.

Accordingly, it is directed that the jail sentence of appellant-Neeraj Raghuvanshi shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellant is directed to appear before the Registry of this Court on 12/07/2022 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant 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 or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order ;

(ii) violation of conditions, State is free to apply for cancellation of bail.

Accordingly, the IA stands allowed and disposed of. Certified copy as per rules.

(ROHIT ARYA) Digitally signed by PAWAN DHARKAR JUDGE PAWAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh,

DHARK pd 2.5.4.20=5da1b3ce5c6aee672b1f51a5c ff5661c113046ab7ebb8031c36dcac44 72c040a, pseudonym=22FE9CB9F7CF0345E7FF AC9031E38DF6A29B4C10,

AR serialNumber=C72B9531562BC6028F5 D6E42E82477C85878470B30E4A7672C CA523E83C0BCB9, cn=PAWAN DHARKAR Date: 2022.05.04 19:55:15 +05'30'