Raju vs The State Of Madhya Pradesh
2022 Latest Caselaw 6566 MP

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         IN THE HIGH COURT OF MADHYA PRADESH
                       AT INDORE
                    CRA No. 429 of 2010
              (RAJU Vs THE STATE OF MADHYA PRADESH)

Dated :02-05-2022
     Shri Vivek Singh, learned counsel for the appellant.
       Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.

Heard on I.A. No.4414/2022, repeat 4th application filed under section 389 of the Cr.P.C.,1973 on behalf of appellant-Raju seeking suspension of jail sentence.

The appellant has been convicted and sentenced by the learned First Additional Sessions Judge, Ratlam, (M.P.) in Sessions Trial No.230/2008 vide judgment dated 07/04/2010 as under:-

 Offence U/s      Sentence        Fine        amount Imprisonment in lieu of
                  Awarded         (Rs.)              fine amount
 394 of IPC       10 years R.I.   Rs. 200/-          10 days S.I.
 302 of IPC       Life            Rs.500/-           1 months S.I.
                  Imprisonment
 201 of IPC       7 years R.I.    Rs.100/-           7 days S.I.

First application for suspension of jail sentence was dismissed on merits vide order dated 04.08.2010 thereafter, second application was dismissed as withdrawn vide order 06.12.2010. This appellant has waited for almost 9 years and filed repeat application and vide order dated 01.02.2019 application was dismissed as withdrawn with liberty to renew the prayer after out of turn hearing and vide order dated 28.02.2020 appellant's application was dismissed as withdrawn with liberty to file an application for urgent hearing after completion of 12 years of jail sentence.

Learned counsel for the appellant submits that the appellant is going to complete 14 years of jail sentence on 13.10.2022. At the time

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of offence he was aged only 19 years with no criminal past. It is a case of last seen together and the conviction has been made only on the basis of recovery of looted articles hence, counsel prays for suspension of jail sentence of the appellant.

Learned Govt. Advocate for the respondent/State opposes the prayer for suspension of jail sentence.

Keeping in view the facts in totality and especially the period of almost 14 years of incarceration, we are of the opinion that the jail sentence of the appellant deserves to be suspended.

Accordingly, I.A. No.4414/2022 is allowed. The execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant be released on bail subject to depositing fine amount, if already not deposited, and on their furnishing a personal bond of sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court on 14.10.2022 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List this matter for final hearing in due course. I.A. No.4414/2022 stands disposed of.

Certified copy as per rules.

           (VIVEK RUSIA )                                    (AMAR NATH (KESHARWANI))
              JUDGE                                                   JUDGE
  Ajit/-


AJIT
                Digitally signed by AJIT KAMALASANAN

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh,

KAMALASA 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6c ba241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A 1EE901C09EF29,

NAN serialNumber=7F0BEE2D78BD57DA058F3247441 C87E7E0817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.05.04 18:07:36 +05'30'