Rajesh Raghuvanshi vs The State Of Madhya Pradesh
2022 Latest Caselaw 9304 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 210 of 2022 (RAJESH RAGHUVANSHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-07-2022 Shri Jayant Neekhra, Advocate for the appellants.

Shri Dinesh Patel, Panel Lawyer for the State. Shri P.K. Sharma, Advocate for the objector. Heard on the question of admission.

This appeal is admitted for final hearing. Also heard on I.A.No.229/2022, which is first application filed on behalf

of the appellants-Dinesh Raghuvanshi and Pawan Raghvanshi for suspension of sentence and grant of bail.

T he appellants have been convicted by the impugned judgment dated 24.12.2021 passed by the Second Additional Sessions Judge, Pipariya, District Hoshangabad in Sessions Trial No.165/2015 under Sections 307 and 323 of the Indian Panel Code (6 counts) and have been sentenced to undergo R.I. for 07 years and R.I. for 06-06 months with fine of Rs.2000/- and Rs.500-500/- respectively, with default stipulations.

The allegations against the present appellants is that they came with rod

and Ballam, Shyam Singh inflicted blow by Ballam on the head of victim-Roop Singh. Appellants have also caused injuries by inflicting blows with rod which is hard and blunt object on the hands of injured-Roop Singh as a result of which he received fractured on his fingers and other parts of his hand.

Learned counsel for the appellants has submitted that appellants are Signature Not Verified SAN innocent and have falsely been implicated in the crime in question. He further Digitally signed by NITESH PANDEY Date: 2022.07.11 18:58:45 IST submits that appellants are in custody since the date of judgment i.e.

24.12.2021. They were on bail during trial and they did not misuse the liberty granted to them. He further submits that there is a counter case registered against the complainants on the report lodged by the accused side. It appears that there was open fight between the parties. Final disposal of appeal would take considerable time. Hence, prayer has been made to suspend the sentence of the appellants.

Learned Government Advocate has opposed the application. Looking to the overall facts and circumstances of the case and taking into account that final disposal of appeal would take considerable time to conclude, I find it to be a fit case to suspend the custodial sentence of the appellants and

to release them on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two sureties in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellants- Dinesh Raghuvanshi and Pawan Raghuvanshi shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 06.12.2022 and on such other dates as may be fixed in this regard.

Hence, I.A.No.229/2022 is allowed.

List this matter for final hearing in due course.

Signature Not Verified

(SMT. ANJULI PALO) SAN

Digitally signed by NITESH PANDEY JUDGE Date: 2022.07.11 18:58:45 IST Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2022.07.11 18:58:45 IST