Madhya Pradesh High Court
Vicky Rajpoot vs The State Of Madhya Pradesh on 5 January, 2022
Author: Virender Singh
1
HIGH COURT OF MADHYA PRADESH
Criminal Appeal No. 6468/2021
(Raja Dumar Vs. State of Madhya Pradesh)
Criminal Appeal No. 6533/2021
(Vicky Rajput Vs. State of Madhya Pradesh)
JABALPUR; Dated 05.01.2022
Shri Jafar Khan and Shri Wakeel Khan, counsel for the
appellants.
Shri Nagendra Singh Solanki, Panel Lawyer for the State.
Heard on admission.
Admit.
Let the record of the court below be called for.
1.
Heard on I.A. No. 19300/2021 (Cr.A No. 6468/2021) and I.A
No. 19478/2021 (Cr.A No. 6533/2021), which are applications under
Section 389 (1) of Cr.P.C. for suspension of custodial sentence on
behalf of the appellants.
2. The appellants have been convicted and sentenced as under-
Convicted under Sentenced to
Section
363 IPC Undergo R.I. For 3 years and to pay fine of
Rs.2000/- and in default of payment of fine,
to suffer R.I. for 1 year.
366-A IPC Undergo R.I. For 3 years and to pay fine of
Rs.2000/- and in default of payment of fine,
to suffer R.I. for six months.
3. In her Court statement victim has alleged that when main
accused Sandeep was taking her on motorcycle, the applicants were
also with him. Main accused Sandeep kept her in the house of the
applicants and thereafter took her to Mandideep by train. Police
statement of the victim is similar.
3. Learned Panel Lawyer has referred to paragraphs 19 to 21 of
the impugned judgment wherein statement of Lalchand (PW-3), Hari
Kurmi (PW-4) and Bhagwant (PW-5) have been discussed. They
have claimed that they had seen the main accused Sandeep and
applicants Raja and Vicky taking the victim with them on their
motorcycle.
4. Learned counsel for the appellant referred to Section 164
statement of the victim which has been recorded on 30.9.2015, i.e.,
after recording her Police Statement on 23.9.2015 and submitted that
in this statement the victim has not made any allegation against the
applicants. Therefore, the allegations made in the Court statement of
the victim are seriously doubtful. As the appeal would take time;
therefore, the sentence of the applicants which has already been
suspended by the Trial court may be suspended.
5. On due consideration of Court statement of victim as well as
her 164 statement and other evidence available on record, I deem it a
fit case to grant suspension to the applicants. Therefore, I.A. No.
19300/2021 (Cr.A No. 6468/2021) and I.A No. 19478/2021 (Cr.A
No. 6533/2021) are allowed.
4. It is directed that on deposition of fine amount, if not deposited
and also on furnishing personal bond of Rs.25,000/- (Rupees
Twenty Five Thousand Only) each with one solvent surety in the
like amount to the satisfaction of the trial Court for his appearance
before the trial Court on 22st March, 2022 and on all other
subsequent dates, as may be fixed by the Registry in this behalf, the
execution of substantial jail sentence imposed on the appellants Raja
Dumar (Cr.A 6468/2021) and Vicky Rajpoot (Cr.A 6533/2021)
shall remain suspended, till final disposal of this appeal.
5. List the matter for final hearing in due course.
(Virender Singh)
JUDGE
VIVEK
Digitally signed by VIVEK KUMAR
TRIPATHI
Date: 2022.01.06 12:26:06 +05'30'
