Raja Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 1374 MP

The High Court Of Madhya Pradesh CRA No. 7379 of 2019 (RAJA KUSHWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 31-01-2022 Heard through Video Conferencing.

Shri S.K. Gangrade, counsel for the appellants. Shri Yadvendra Dwivedi, Panel Lawyer for the State. I.A. No.22267/2021 is taken up.

This is second application under Section 389(1) of CrPC for suspension of sentence of appellant No.1 & 2 namely Raja Kushwaha &

Ranjit. The first application (I.A. No.11251/2021) was dismissed as withdrawn vide order dated 06.09.2021 while the other co-accused person namely Rajkumar Kushwah has been granted suspension by the same order.

This time, period of custody which is about 4 years, 7 months without remission and about more than 5 years with remission, bail granted to the co- accused persons and failure of prosecution to establish grievous injury to the injured have been pressed into service to substantiate the plea of suspension.

Learned counsel for the appellants referred to Paragraphs 50 to 53 of the impugned judgment, statement of victim Sarjan Singh (P.W.-15) and the

fact that the victim has remained hospitalized only for 5 days.

Learned Panel Lawyer for the State has opposed the prayer. Heard the counsel for the parties at length and have perused the record. The first application of the appellants has been withdrawn just before 4 months, at the same time when the application of co-accused person has been allowed by the Court. There is no material change in the facts and circumstances of the case in the last 4 months, therefore, I do not deem it appropriate to take a different view than taken earlier.

Accordingly, I.A. No.22267/2021 is dismissed.

(VIRENDER SINGH) JUDGE Signature Not Verified SAN @shish

Digitally signed by ASHISH KUMAR JAIN Date: 2022.01.31 17:08:32 IST

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR JAIN Date: 2022.01.31 17:08:32 IST