Mukesh Singh Rajawat vs State Of M.P.
2022 Latest Caselaw 3237 MP

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                HIGH COURT OF MADHYA PRADESH,
                       BENCH AT GWALIOR
                            CRA-50-2013
                (Mukesh Singh Rajawat Vs. State of M.P.)



Gwalior, Dated : 08/03/2022

      Shri R.K. Sharma, learned Senior counsel with Shri V.K. Agrawal,

learned counsel for the appellant.

      Shri Rajesh Shukla, learned Deputy Advocate General for the

respondent/State.

IA No.16446/2021, 5th application under Section 389(1) of Cr.P.C.

has been filed for suspension of sentence and grant of bail.

At the outset, learned counsel for the appellant placed copy of

order dated 22/02/2022 passed in Criminal Appeal No.553/2015 (Ved

Prakash & Ors. Vs. State of M.P. & Ors.) which is based upon the

judgment passed by the Hon'ble Supreme Court in the case of Supreme

Court Legal Aid Committee (Representing Under-trial Prisoners)

Vs. Union of India [(1994) 6 SCC 731] and submitted that the

Coordinate Bench of this Court has considered the aspect of eight years

of incarceration of main accused and released him on bail, therefore, he

seeks parity.

Learned Deputy Advocate General for the State informs this

Court that the judgment relied upon by the Coordinate Bench in the case

of Supreme Court Legal Aid Committee (supra) is in respect of

under-trial prisoners whereas the instant case is post conviction

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-50-2013 (Mukesh Singh Rajawat Vs. State of M.P.)

suspension. He placed copy of order dated 26/02/2022 passed in

Criminal Appeal No.360/2011 (Parmeshwar Das @ Bhura Vs. State

of M.P.) and submits that the Coordinate Bench has considered all these

aspects and rejected the application for suspension of sentence on

merits.

At this juncture, learned counsel for the appellant seeks time to

seek instruction to advance arguments finally.

List the case in the week commencing 11th of April, 2022.

           (ANAND PATHAK)                       (SATISH KUMAR SHARMA)
               JUDGE                                    JUDGE



rahul

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4 dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D 159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.03.10 11:25:18 +05'30'