Rajkamal Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 8093 MP

                                      1
   HIGH COURT OF MADHYA PRADESH AT INDORE
            CRIMINAL APPEAL NO.5347 OF 2023
            (Rajkamal Tiwari vs The State of Madhya Pradesh)


Indore, Dated 18.05.2023
      Mr. Omprakash Solanki, counsel for the appellant.
      Mr. Mukesh Parwal, counsel for the respondent/State.

Heard on the point of admission.

The appeal is admitted for final hearing. Record has been received.

Also heard on IA No.5439/2023 which is first application under Section 389 of Criminal Procedure Code, 1973, for suspension of jail sentence of appellant - Rajkamal Tiwari S/o Shri Rampyare Tiwari who has been convicted by the Court of Session Judge, Mandsaur in Session Trial No.106/2021 vide judgment dated 13.04.2023 and has been sentenced him as under:

               Conviction                              Sentence
     Section & Act     Imprisonment        Fine         Imprisonment in
                                          Amount          lieu of fine
     67-A of IT Act,    04 years RI       1,00,000/-      06 Months RI

As per prosecution story, the appellant had committed rape with the prosecutrix repeatedly, threatened her to kill and

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.5347 OF 2023 (Rajkamal Tiwari vs The State of Madhya Pradesh)

also made viral the videos of the prosecutrix.

Counsel for the appellant submits that appellant is innocent and he has been falsely implicated in the aforesaid offence. He further submits that appellant has already suffered 50% of the jail sentenc and final hearing of this appeal may take long time. Hence prays for suspension of jail sentence of appellant.

Counsel for the State opposes the prayer for grant of bail. Considering the custodial period of the appellant and taking into consideration the fact that final hearing of this appeal may take long time, hence it would be appropriate to suspend the jail sentence of the appellant. Accordingly, application IA No.5439/2023 is allowed.

It is directed that substantive jail sentence of appellant shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand) with one solvent surety of like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 28.08.2023

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.5347 OF 2023 (Rajkamal Tiwari vs The State of Madhya Pradesh)

and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA No.5439/2023 stands disposed of.

List the appeal for final hearing in due course. Certified copy as per Rules.

(PRAKASH CHANDRA GUPTA) JUDGE Arun/-

Digitally signed by ARUN NAIR Date: 2023.05.19 08:23:48 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.5347 OF 2023 (Rajkamal Tiwari vs The State of Madhya Pradesh)