Madhya Pradesh High Court
Rajendra @ Raja Yogi vs The State Of Madhya Pradesh on 16 February, 2022
Author: Vivek Rusia
1
The High Court Of Madhya Pradesh
CRA No. 1175 of 2016
(RAJENDRA @ RAJA YOGI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 16-02-2022
Shri Devdeep Singh, learned counsel for the appellants.
Shri Sudhanshu Vyas, learned GA for the respondent/State.
Heard on IA no.134/2022, an application for suspension of sentence on
behalf of appellant no.3 Ravi @ Golu Yogi who has been convicted u/s 302/34
& 201 of the IPC and sentenced to undergo life imprisonment with fine of
Rs.3000/- and 7 years RI with fine of Rs.2000/- respectively vide judgment dated
30.06.2016 passed by ASJ, Indore in Sessions Trial No.40/2013.
As per prosecution story on 20.11.2012 at 1.30 p.m Rajayogi, aged about
16 years along with his mother Chandrabai lodged a report in the police station
Hatod, district Indore that in the night of 19.11.2012 Pankaj Bihari, R/o Hatod
came to his house and he was given tea by her mother. When he was standing on
his gate, his brother Golu @ Ravi was also standing there. By that time his father
Rajayogi, uncle Bharat Yogi and cousin brother Rajat Yogi armed with sword,
chopper and knife came there and with a common intention assaulted Pankaj Bihari
by means of sharp edged weapons and he fell on the floor. His mother Chandabai
tried to save him but she also sustained injuries. Thereafter Pankaj Bihari was
taken to hospital where he was declared brought dead. On the basis of the said
information an FIR was lodged and all the accused were arrested. In the
postmortem of the deceased the doctor has found number of stab injuries on the
body and opined that the deceased died due to cutting of neck and hemorrhage.
Learned counsel for the appellant submits that so far the present appellant is
concerned he was a child in conflict with law at the time of the alleged incident but
this issue has not been decided by the trial court. He has already undergone
almost ten years of sentence and 12 years after remission. He has spent of his
golden period in jail and one chance be given to him by way of reformation. This is
an appeal of the year 2016 and this appeal is not likely to come up for final hearing
in near future. Looking his tender age at the time of the incident, prays for
suspension of sentence and release of the appellant on bail.
Learned Govt. Advocate opposes the application for suspension of
sentence by submitting that the deceased was brutally murdered by the appellants
and thereafter his body was thrown on a railway track to show that it was an
accident. He has drawn attention of this court towards the FSL report Ex.P/34.
Learned counsel appearing for the complainant submits that the appellant
no.3 is his real brother and he has no objection in suspending the sentence of the
appellant but his no objection is only for the purpose of bail.
Looking to the facts and circumstances of the case, the tender age of the
appellant at the time of the incident and the period of jail sentence already
undergone by him, the application is allowed. It is directed that the jail sentence
passed against the appellant no.3 Ravi @ Golu Yogi shall remain suspended and
he be released on bail upon his depositing the fine amount (if already not
deposited) and furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty
Thousand) with one surety in the like amount to the satisfaction of the trial court
for his appearance before the Registry of this Court on 18.07.2022 and on such
further dates, as may be fixed in this behalf by the Registry during the pendency of
this appeal.
C.c as per rules.
(VIVEK RUSIA) (RAJENDRA KUMAR (VERMA))
JUDGE JUDGE
hk/
HARI KUMAR C G NAIR
2022.02.16 16:01:32
+05'30'
