Madhya Pradesh High Court
Rajesh Kumar Upadhyay vs The State Of Madhya Pradesh on 24 January, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 12598 of 2022
(MAHESH KUMAR MALI Vs THE STATE OF MADHYA PRADESH)
&
CRA No. 12177 of 2022
(RAJESH KUMAR UPADHYAY AND ANOTHER Vs THE STATE OF MADHYA PRADESH)
Dated : 24-01-2023
Shri Ashish Gupta, learned counsel for the appellants.
Shri Kapil Mahant, learned counsel for the respondent/State.
Record of the trial Court has been received.
Heard on admission.
The appeal is admitted for final hearing.
A ls o heard on IA Nos.16966/2022 & 16428/2022, which are an
applications under Section 389 of Cr.P.C. on behalf of appellants-Mahesh
Kumar Mali, Rajesh Kumar Upadhyay and Arun Kumar Raghav @ Babli for
grant of bail and suspension of remaining jail sentence. Appellants have been
convicted under Sections 471 & 120-B of the IPC and sentenced to 5 years
R.I. with fine of Rs.5,000/- each and 5 years R.I. with fine of Rs.5,000/- each,
respectively with usual default stipulation.
Learned counsel for the appellants contended that the appellants Mahesh
Kumar Mali, Rajesh Kumar Upadhyay and Arun Kumar Raghav @ Babli are
innocent and they have been falsely implicated in the aforesaid offence.
Appellants were remained on bail during trial and they did not misuse the liberty
given to them. They are in custody since 15.12.2022 i.e. from the date of the
judgment of trial Court. Appellants Mahesh Kumar Mali and Rajesh Kumar
Upadhyay has already suffered the jail incarceration for more than 550 days.
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 1/25/2023
10:57:19 AM
There is a strong case in favour of the appellants. Final conclusion of appeal
will take a long sufficient time. Hence he prays for grant of grant of bail and
suspension of remaining jail sentence of the appellants.
Per contra, learned counsel for the respondent/State opposes the
application for suspension of sentence and prays for its rejection.
After considering the facts and circumstances of the case, submissions
made by learned counsel for both the parties, nature and gravity of the allegation
against the appellants and also taking note of the fact that all three appellants
were remained on bail during the trial and they did not misuse the liberty given
to them, appellants Mahesh Kumar Mali and Rajesh Kumar Upadhyay has
already suffered jail incarceration for more than 550 days and that final
conclusion of this appeal will take a long sufficient time. Hence in view of the
above, this Court is of the considered view that it will be appropriate to allow
the application of appellants.
Accordingly, IA Nos.16966/2022 & 16428/2022 are allowed and the
execution of remaining jail sentence of the appellants-Mahesh Kumar Mali,
Rajesh Kumar Upadhyay and Arun Kumar Raghav @ Babli is hereby
suspended till the final disposal of this appeal and it is ordered that the
appellants be released on bail on their depositing the fine amount, if not already
deposited, and upon furnishing a personal bond for a sum of Rs.75,000/- each
with one solvent surety each of the like amount to the satisfaction of the trial
Court, with a further direction to appear before the Registry of this Court on
14.06.2023 and on such other dates, as may be fixed by the Registry of this
Court in this regard during the pendency of this appeal.
List for final hearing in due course.
C.C. as per rules.
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 1/25/2023
10:57:19 AM
(ANIL VERMA)
JUDGE
VS
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 1/25/2023
10:57:19 AM
