Rakesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7062 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 8748 of 2022
                                                (RAKESH Vs THE STATE OF MADHYA PRADESH)

                         Dated : 01-05-2023
                               Shri Priyvrat Singh Chouhan, learned counsel for the appellant.

                               Shri Hemant Sharma GA appearing on behalf of Advocate
                         General/State.


                               Heard on IA.No.5177/2023, which is an application for urgent hearing.
                               Since the matter is already taken up for hearing, therefore, application

                         stands disposed off being rendered infructuous.
                               Also heard on I.A.No.5178/2023, which is first application under Section
                         389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on
                         behalf of the appellant Rakesh.
                               Appellant stands convicted vide judgment dated 25/08/2022 passed in
                         S.T. No.212/205 by Special Judge, Scheduled Caste and Scheduled Tribe
                         (Prevention of Atrocities) Act, Shajapur (M.P.) under Sections 489-B and 489-
                         C of Indian Penal Code, 1860 and has been sentenced to undergo 07 years RI
                         with fine of Rs.2,000/- and 05 years RI with fine of Rs.1,000/- respectively with

                         usual default stipulation.
                               Learned counsel for the appellant submit that appellant is an innocent
                         person and he has been falsely implicated in this matter. During the trial he
                         remain in custody for a period of 180 days and now he is custody since the
                         date of judgment i.e. from 25/08/2022. Appellant has no mens rea to use the
                         fake currency as an original currency. Independent seizure witnesses have been
                         turned hostile. The appellant has been made accused on the basis of the
                         memorandum statement given by the co-accused, which has not been duly
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 5/2/2023
11:04:47 AM
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                         proved. There are material contradictions and omissions in the statement of the
                         witnesses. Looking to old pendency of the cases for consideration, final
                         conclusion of this appeal would take sufficient long time. Prima facie there is a
                         strong case in favour of the appellant. During the trial for most of the period,
                         appellant remain on bail and he has not misused the liberty granted to him.
                         Hence, the execution of the remaining part of the jail sentence of the appellant
                         be suspended till the final disposal of this appeal.
                               P e r contra, learned counsel for the respondent / State opposes the

application for suspension of sentence and prays for its rejection by submitting that there is ample evidence on record against the present appellant in respect of

the aforesaid offence. Fake currency has been directly recovered from his possession. Hence, application for suspension of sentence deserves to be dismissed.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him; he is not the person, who was caught hold on the spot by the police; appellant is not having any criminal past; he has also suffered jail incarceration for almost 01 year and 08 months and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.5178/2023 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five

Signature Not Verified Signed by: AMIT KUMAR Signing time: 5/2/2023 11:04:47 AM

Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 20/09/2023 and on all such subsequent dates, which are fixed in this behalf.

Certified copy as per rules.

(ANIL VERMA) JUDGE

amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 5/2/2023 11:04:47 AM