Raghuraj Singh Tomar vs State Of Madhya Pradesh

This criminal appeal assails the judgment dated 19.12.2019 passed in S.T.No.297/2017 by Special Judge CBI and 4th Additional Sessions Judge Gwalior whereby the appellant-Raghuraj Singh Tomar has been convicted as under:

Section

Imprisonment

Fine

120 B of IPC

1 Year R.I.

Rs. 100/- with default stipulation

419 of IPC

3 Year R.I.

Rs. 500/- with default stipulation

420 of IPC

3 Year R.I.

Rs. 500/- with default stipulation

467 of IPC

5 Year R.I.

Rs. 1000/- with default stipulation

468 of IPC

3 Year R.I.

Rs. 500/- with default stipulation

3/4 M.P. Recognized Examinations Act

1 Year R.I.

Rs. 100/- with default stipulation

I.A.No.10778/2019, 1st application u/S. 389(1) Cr.P.C. for suspension of sentence moved on behalf of appellant-Raghuraj Singh Tomar is taken up and considered.

Cheating, forgery and the offence punishable u/S. 3/4 of MP Recognized Examinations Act are alleged against the appellant who was a candidate in the examination conducted for filling up the post of Guruji in the year 2009.

Considering the fact that total sentence awarded is only five years and since there is no hope of this appeal coming up in the near future for final hearing and in the special circumstance of Covid-19 pandemic, this Court is inclined to grant bail to the appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A. No.10778/2019 is allowed and it is directed that the jail sentence of appellant-Raghuraj Singh Tomar will remain under suspension subject to verification that the amount of fine has been deposited, on the appellant's furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Magistrate for his appearance before the concerned Magistrate on 14/12/2020 and on such further dates as may be fixed by him which shall be of frequency not less than once in a year.

In case, appellant is found absent on any date fixed by the concerned Magistrate then the said Magistrate shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

The appellant undertakes to deposit a sum of Rs.5,000/-(Rs. Five Thousand Only) within one week of his release on bail in the PM-CARES Fund for helping the disaster management process in the wake of Covid-19 pandemic and produce receipt before the registry of this Court of having done so within 30 days, failing which this Court may recall the order of bail. This gesture of appellant is appreciable.