Rahul vs The State Of Madhya Pradesh
2021 Latest Caselaw 3393 MP

                                       1
  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
              CRIMINAL APPEAL NO.6099 OF 2019
             (Rahul Thakur vs State of Madhya Pradesh)


Indore, Dated 16.07.2021
     Mr. M.S. Chouhan, learned counsel for the appellant.
     Mrs. Mamta Shandilya, learned public prosecutor for the
respondent/State.
     Arguments heard through video conferencing.
                                 ORDER

Per Shailendra Shukla, J:

Heard on IA No.10536/2021 which is an application for urgent hearing of the case.

Keeping in view the reasons mentioned in the application, the application for urgent hearing stands allowed. Accordingly, IA No.10536/2021 stands disposed of.

Also heard on IA No.10534/2021 which is second application filed under Section 389 of Code of Criminal Procedure, 1973 seeking suspension of sentence of appellant Rahul Thakur S/o Rajesh Thakur who has been convicted by 13th Additional Sessions Judge, Indore, in Session Trial No.134/2018 vide judgment dated 23.05.2019 and sentenced him as under:-

               Conviction                           Sentence
     Section & Act    Imprisonment         Fine Amount   Imprisonment
                                                          in lieu of fine
      302 read with        Life             Rs.2000/-     9 months RI.
      Section 34 of   Imprisonment
           IPC
      307 read with   05 years of RI        Rs.1000/-     6 months RI.
      Section 34 of
           IPC

The first suspension application was earlier rejected on merits vide order dated 07.11.2019.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL APPEAL NO.6099 OF 2019 (Rahul Thakur vs State of Madhya Pradesh)

Learned counsel for the appellant has stated that another co-accused namely; Nanda has been given the benefit of suspension of sentence vide order dated 02.02.2021 and the case of the present appellant is on parity with that of co- accused Nanda. With these submissions, suspension has been sought.

Learned public prosecutor for the respondent/State was also heard.

Perused the record of the case.

The order dated 02.02.2021 pertains to accused Nanda and the same was perused.

As per facts of the case, while the appellant and co- accused Nanda and another co-accused Nayan entered into an altercation with the complainant Arpit on 09.12.2017 and started assaulting him, the deceased Rahul Verma came to intervene. Co-accused Nayan took out a knife and stabbed Rahul resulting in his death on the spot. The application of co- accused Nanda was allowed vide order dated 02.02.2021 because common intention to cause fatal injury to the deceased Rahul has not been made out prima-facie. The case of the present appellant stands on the same footing as that of co-accused Nanda.

After due consideration of the facts and circumstances and without commenting upon merits of the case, the application-IA No.10534/2021 for suspension of sentence and grant of bail to the appellant deserves to be allowed. The substantive jail sentence of the appellant-Rahul Thakur S/o

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL APPEAL NO.6099 OF 2019 (Rahul Thakur vs State of Madhya Pradesh)

Rajesh Thakur is suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 25.08.2021 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, IA No.10534/2021 stands disposed of.

Record has been received.

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

             (SUJOY PAUL)                       (SHAILENDRA SHUKLA)
               JUDGE                                  JUDGE


 Arun/-


Digitally signed by ARUN
NAIR
Date: 2021.07.19 16:31:47
+05'30'