Madhya Pradesh High Court
Rinku @ Vikalp Yadav vs The State Of Madhya Pradesh on 21 September, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 3489 of 2022
(RINKU @ VIKALP YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 21-09-2022
Mr.P.S.Tomar, learned counsel for the applicants.
Mr.C.M.Tiwari, learned Government Advocate for the respondent/State.
Let record of the courts below be requisitioned.
Considered I.A.No.17190/2022, which is an application for suspension
of sentence and grant of bail on behalf of the applicants, namely, Rinku @
Vilakp Yadav, Arjun Yadav, Tinku Yadav & Khemchand Yadav.
Vide impugned judgment dated 08.9.2022 passed by the Sessions Judge,
Sessions Division, Narmadapuram in Criminal Appeal No.74/2021 (arising out
of judgment dated 26.8.2021 passed in RCT No.602188/2015 by JMFC,
Narmadapuram) the applicants have been convicted for offences under section
325/34 (for injured Gautam) & u/s 325/34 (for injured Rajkumar) and sentenced
to undergo R.I. for 03-03 months each & fine of Rs.300-300/- each with default
stipulation.
Learned counsel for the applicants submitted that applicants are innocent
and have been falsely implicated in the crime in question. The applicants are in
custody since the date of judgment. The applicants were on bail during trial as
well as in appellate proceedings. Fine amount has already been deposited. Final
disposal of this revision would take considerable time. Hence, prayer has been
made to suspend the jail sentence of the applicants.
Learned Government Advocate has opposed the prayer for suspension.
Signature Not Verified
SAN Considering the over all facts and circumstances of the case; looking the
Digitally signed by RAJESH MAMTANI
Date: 2022.09.21 17:58:22 IST nature of offence; maximum sentence awarded to the applicants is 03 months;
the applicants were on bail during trial and in appellate proceedings; final
disposal of this revision would take considerable time, and without commenting
on merits of the case, the application is allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.25,000/- (Rupees
Twenty Five Thousand only) each with one surety each in the like amount to
the satisfaction of the trial Court concerned, the custodial sentence of
applicants, namely, Rinku @ Vikalp Yadav, Arjun Yadav, Tinku Yadav &
Khemchand Yadav shall remain suspended and they shall be released on bail
for securing their presence before the trial Court on 21.02.2023 and on such
other dates as may be fixed in this regard during pendency of this appeal.
The applicants shall regularly appear before the trial Court, on each and
every date, without fail.
List this matter for orders on admission after eight weeks.
(SMT. ANJULI PALO)
JUDGE
RM
Signature Not Verified
SAN
Digitally signed by RAJESH MAMTANI
Date: 2022.09.21 17:58:22 IST
