Rajesh @ Rakesh Sapera vs The State Of Madhya Pradesh
2023 Latest Caselaw 9111 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 5688 of 2023
                                   (RAJESH @ RAKESH SAPERA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 19-06-2023
                                Shri Arjun Singh Kushwah, learned counsel for the appellants.

                                Shri Sushant Tiwari, learned Panel Lawyer for the respondent-

Considering the reasons assigned in the application, IA No. 7360 of 2023, an application under Section 5 of Limitation for condonation of delay in filing the present appeal is hereby allowed and the delay in filing the appeal is hereby condoned.

Heard on admission.

Record of the trial Court has been received. Appeal appears to be arguable, is admitted for final hearing. Also heard on IA 7359 of 2023 and IA 7365 of 2023, which are first applications under Section 389(1) of CrPC filed on behalf of both appellants, namely, Rajesh alias Rakesh Sapera and Mohan Kushwah for suspension of sentence and grant of bail.

Vide judgment dated 29th December, 2021 passed by Fifth Additional Sessions Judge, Guna in Sessions Trial No. 500106 of 2016, the aforesaid

appellants have been convicted under Sections 394(3) of IPC and sentenced to undergo seven years RI with fine of Rs.5,000/- (on three counts) and further convicted under Section 427/34 of IPC and sentenced to undergo one year RI with fine of Rs.5,000/- (on three counts) with default stipulation.

It is submitted by learned counsel for appellants that on the basis of memorduam of co-accused, present appellants have been falsely implicated. Appellant Rajesh remained in custody during trial from 16-02-2016 till 13-02- Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/20/2023 11:19:03 AM

2017 whereas appellant Mohan remained in custody during trial from 16-02- 2016 till 26-04-2017 and from the date of passing of impugned judgment they are in custody. This appeal is of the year 2023 which is likely to take some time for its disposal. Hence, prayed for suspension of jail sentence and grant of bail.

Learned counsel for the State opposed the suspension applications and prayed for rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IAs are allowed and it is directed that jail sentence of appellants will remain under suspension subject to verification that amount of fine has been deposited, on appellants' furnishing bail bond of

Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for appearance before the Principal Registrar of this Court on 22nd December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

List for final hearing in usual course.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/20/2023 11:19:03 AM