Madhya Pradesh High Court

Rahul Rajput vs The State Of Madhya Pradesh on 7 May, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3843 of 2023
(RAHUL RAJPUT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 07-05-2024
Mr. Abhishek Arjaria, learned counsel for the appellants.

Miss Nalini Gurung- P.L. appearing on behalf of Advocate General for
the state.
Heard on IA No.10759/2024, an application for suspension of sentence
and grant of bail.
Perusal of the judgment of trial Court reveals that the appellants have

been convicted under Section 489C of IPC and have been sentenced to
undergo RI for four years and with fine of Rs.2000/- with default stipulation.
As per the prosecution story, complainant Dharmendra has lodged a
complaint on 1.7.2020 with regard to counterfeit fake currency given to him by
accused Rahul on 30.06.2020. It is alleged by the complainant that another
accused person namely Surendra Sihgh has taken money from Dharmendra and
not returned the same since last two years. On 30.6.2020, Rahul has called the
complainant Dharmendar for returning the aforesaid amount taken by Surendra
and in presence of two witnesses, he has given Rs.5000/- i.e. 100 notes of

Rs.50 to Dhamendra. Later on , it has came to the knowledge of Dharmendra
that these are the fake currency and accordingly, a complaint was lodged on
1.7.2020 whereas offence was registered against the all accused persons under
Sections 489A, 489B and 489C of IPC.
Learned counsel for the appellants Rahul, Surendra and Rajendra submits
that co-accused person has already been released on bail by this Court and role
of the present appellants is similar to that of co-accused. During trial, Rahul has
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 16-05-2024
12:26:44
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been in custody for about 589 days, Surendra for about 423 days and Rajendra
for about 423 days. There are no criminal antecedent of the appellants.
Appellants are in custody from the date of judgment of trial Court i.e.
14.2.2023. It has been prayed that the jail sentence of the appellants be
suspended and they be released on bail.
Learned PL for the respondent State has opposed the application.

Keeping in view the role of the appellants in the alleged incident and also looking to the period custody and the fact that co-accused has already been released on bail, therefore, I deem it appropriate to release the appellants on bail.

Accordingly, aforesaid IA is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellants is hereby suspended and it is directed that the appellants be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court, on 04/09/2024 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C.c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

Hashmi