Madhya Pradesh High Court
Rakesh Prasad Tiwari vs The State Of Madhya Pradesh on 25 April, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-14858-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 14858 of 2023
(RAKESH PRASAD TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 25-04-2025
Shri Amit Kumar Singh - Advocate for the appellants.
Shri Ved Prakash Tiwari - Public Prosecutor for the respondent-State.
Heard on I.A.No.8760/2025, an application for temporary suspension
of sentence and grant of bail to appellant No.2 Sampat Prasad Tiwari S/o
Shri Girja Prasad Tiwari, which is filed on the ground of marriage of his
daughter which is to be solemnized on 17.05.2025.
The appellant No.2 is aggrieved of the judgment dated 27.09.2023
passed by the learned Additional Sessions Judge, Teonthar, District Rewa
(M.P.) in Sessions Trial No.37/2020, whereby the appellant No.2 stands
convicted for offence under Sections 302, 323/34 of IPC and sentenced to
life imprisonment (fine of Rs.50,000/-) and R.I. for 6 months (fine of
Rs.1,000/-), with default stipulation of additional R.I. for 1 year and
additional R.I. for 10 days, respectively.
Shri Amit Kumar Singh, learned counsel for the appellants submits
that marriage of daughter of the appellant No.2 is to be solemnized on
17.05.2025, therefore, it is prayed that the appellant No.2 be released on
temporary bail to attend the same.
Factum of marriage is verified by Shri Ved Prakash Tiwari, learned Public
Prosecutor.
In view of the aforesaid, it is directed that on furnishing a personal bond
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to the tune of Rs.50,000/- (Rupees Fifty Thousand only) , with two solvent sureties
each in the like amount to the satisfaction of the trial Court, appellant No.2
Sampat Prasad Tiwari be temporarily released on bail on 14.05.2025 at 10:00
A.M. with clear direction that he will surrender before the concerned trial Court
on 19.05.2025, positively, so that he may be lodged back to the prison by 5:30
P.M. for undergoing the remaining part of the jail sentence and, in case, appellant
No.2 does not surrender, the concerned trial Court will be free to take necessary
steps for taking him into custody.
In above terms, I.A.No.8760/2025 is allowed & disposed of.
Also, heard on I.A. No.5394/2025, an application under Section
389(1) of the Cr.P.C./Section 430 of Bhartiya Nagarik Suraksha Sanhita,
2023 for suspension of sentence and grant of bail to appellant No.1 Rakesh
Prasad Tiwari S/o Shri Girja Prasad Tiwari.
The appellant No.1 is aggrieved of the judgment dated 27.09.2023
passed by the learned Additional Sessions Judge, Teonthar, District Rewa
(M.P.) in Sessions Trial No.37/2020, whereby the appellant No.1 stands
convicted for offence under Sections 302/34, 323 of IPC and sentenced to
life imprisonment (fine of Rs.50,000/-) and R.I. for 6 months (fine of
Rs.1,000/-), with default stipulation of additional R.I. for 1 year and
additional R.I. for 10 days, respectively.
It is submitted by the learned counsel for the appellants that appellant
No.1 is innocent. The allegation on the present applicant is of making an
assault with a lathi on injured witness Pawan. Injuries of Pawan are simple
as per Ex.P-16. It is further submitted that the incident took place in a spur
of moment and, therefore, there being no common object or common
3 CRA-14858-2023
intention, the provisions of Section 34 will not be attracted. There are good
chances of success in this appeal. Hence, prayer is made to suspend the
remaining jail sentence of the appellant No.1 and to release him on bail.
Shri Ved Prakash Tiwari, learned Public Prosecutor for the
respondent-State, in his turn, opposes the prayer for suspension of sentence
and grant of bail.
After hearing learned counsel for the parties and going through the
record as well as the fact that the appeal is going to take time for its disposal,
without commenting on the merits of the case, we are of the considered
opinion that this is a fit case to suspend the remaining jail sentence of the
appellant No.1 and to release him on bail.
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand Only) with two solvent sureties each in the like
amount to the satisfaction of the Trial Court for his appearance before the
Trial Court on 28.07.2025 and on such other dates as may be fixed by the
Trial Court, which shall not be more than two times in a year, the execution
of remaining part of the jail sentence imposed upon appellant No.1 Rakesh
Prasad Tiwari shall remain suspended and he shall be released on bail till
final disposal of this appeal.
I.A.No.5394/2025 is allowed & disposed of.
Let paper book be prepared and this case be listed for final hearing in
Part-B of the cause list as per its turn and seniority.
Certified copy as per rules.
4 CRA-14858-2023
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
pp
