Lokesh @ Raja vs The State Of Madhya Pradesh
2021 Latest Caselaw 3066 MP

                                                   Cr.A. No.1516/2021

                                (1)



      THE HIGH COURT OF MADHYA PRADESH

                        CRA. No.1516/2021
                 (Lokesh @ Raja VS. STATE OF MP)

JABALPUR DATED : 07.07.2021

      Shri Abhijeet Awasthy, learned counsel for the appellant.
      Shri A. Rajeshwar Rao, learned Government Advocate for
the respondent/State.

Heard on IA No.4047/2021 which is an application for suspension of sentence of the appellant Lokesh @ Raja.

2. The appellant has been convicted for the offence under Section 120-B of the IPC and sentenced to R.I. for life with fine of Rs.5,000/- and under Section 25(1B)(a) of the Arms Act, 1959 and sentenced to R.I. for two years and fine of Rs.2,000/- with default stipulations.

3. Learned counsel for the appellant submits that the sole eye-witness PW/7 Firdaus has been disbelieved by the trial court and that the appellant has already been acquitted for offence under Section 302 of the IPC. He has further submitted that PW/13 Ajeet Upadhyaya has not named the appellant though he had named co-accused Bablu Sardar and Pintu Yadav and that in terms of the statement of DW/1 Jaiprakash Sharma, the witness PW/6 Prahlad was not in town but he was in Nagpur on the date of the incident. He is in custody since the time of the incident and has completed more than eight years in custody. Hence, the appellant is entitled to grant of suspension at this stage.

4. Learned counsel for the State has opposed the suspension application and has referred to paragraphs 221, 222 and 223 of the judgment of the trial court and has submitted that the appellant was last seen with the deceased.

Cr.A. No.1516/2021

5. We have heard the learned counsel for the parties and perused the record.

6. Having regard to the material which is pointed out by counsel for the parties and considering the statements of PW/7 Firdaus, PW/6 Prahlad, PW/13 Ajeet and DW/1 Jaiprakash and also taking note of the fact that the appellant Lokesh @ Raja has been acquitted for offence under Section 302 of the IPC and that he has already remained in custody for about eight years and hearing of the appeal is likely to take time, we are of the opinion that a case for suspension of sentence is made out.

7. Accordingly, IA No.4047/2021 is allowed. It is directed that on deposit of fine amount, if not already deposited, and on furnishing personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand only) with one surety bond in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 24.08.2021 and on subsequent dates as may be fixed by the Registry of this Court, the appellant Lokesh @ Raja be released on bail and the substantive sentence under appeal shall remain suspended.

C.C. as per rules.

                         (PRAKASH SHRIVASTAVA)                       (VISHAL DHAGAT)
                               JUDGE                                      JUDGE

YS

Digitally signed by YOGESH KUMAR SHRIVASTAVA Date: 2021.07.10 16:38:32 +05'30'