Madhya Pradesh High Court
Raghuveer Singh @ Raghu vs The State Of Madhya Pradesh on 31 October, 2022
Author: Vivek Rusia
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CRA No. 1481/2016
HIGH COURT OF MADHYA PRADESH: BENCH INDORE
BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
RUSIA & HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
CRA No. 1481 of 2016
(Raghuveer Singh @ Raghu & another. V/s. State of M.P.)
Date: 31.10.2022 :
Shri Himanshu Thakur, learned counsel for the appellants.
Shri Bhaskar Agrawal, Govt. Advocate, learned Govt. Advocate
for respondent/State.
Heard on I.A. No.5351/2022, a repeat (3rd) application under
Section 389(1) of the Code of Criminal Procedure, 1973 for
suspension of jail sentence and grant of bail filed on behalf of
appellant No.2 - Kanhaiya @ Kanha. The earlier two applications
have been dismissed as withdrawn.
Vide judgment dated 23.9.2016 passed by First Addl. Sessions
Judge, Dewas in S.T. No.31/2013 the appellant along with others
stands convicted and sentenced as under :
Offence U/s. Sentence. Fine (Rs.) In lieu of payment
of Fine amount.
302 of IPC. Life Imprisonment. 2000/- 6 months RI.
449 of the IPC. 7 years RI 2000/- 6 month RI
342 of the IPC. 1 year RI 500/- 3 month RI
As per prosecution story, complainant - Ayushi daughter of the
deceased lodged the report on 29.11.2012 against Rani, her brother
Pradeep and her friends Raghu and present appellant - Kanha entered
into their house and assaulted her mother by means of sharp edged
weapon. According to her, the deceased was having illicit relationship
with the husband of Rani, therefore, in order to take revenge at the
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CRA No. 1481/2016
instance of Rani, her brother Pradeep and his two friends have
committed this offence.
Learned counsel for the appellants submits that appellant No.2 -
Kanhaiya @ Kanha has falsely been implicated in this case. The
complainant has been examined as P.W.1 before the trial Court in
which she has supported the prosecution case only in respect of
Raghuveer Singh that they entered into the house and assaulted her
mother. She has completely denied the presence of Rani and Pradeep
on the spot. Relying on her statement, learned trial Court has acquitted
Rani and Pradeep. Once Rani and Pradeep have been acquited, then
no motive remains for present appellant to commit murder of the
deceased. The said aspect has not been touched by the trial Court. The
appellant is going to complete 10 years' incarceration in December,
2022 and this appeal is of the year 2016 and is not likely to come up
for final hearing in near future. He, therefore, prayed for grant of
suspension and release him on bail.
On the other hand, learned Govt. Advocate opposes the
application and prays for rejection of the same.
Considering the aforesaid facts and circumstances of the case,
without commenting anything on the merits of the case, in the
considered opinion of this Court, the jail sentence of appellant No.2 -
Kanhaiya @ Kanha deserves to be suspended.
Accordingly, I.A. No.5351/2022 is allowed and it is directed
that subject to deposit of fine amount, if already not deposited, with
the trial Court and on furnishing personal bond by the appellant No.2
- Kanhaiya @ Kanha in the sum of Rs.40,000/- (Forty Thousand
only) with one solvent surety in the like amount to the satisfaction of
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CRA No. 1481/2016
learned trial Court for his appearance before the Registry of this Court
on 21.12.2022 and on all such subsequent dates, which are fixed in
this behalf, during pendency of this appeal. I.A. No.10736/2022, an
application for urgent hearing stands disposed of.
List for final hearing in due course.
C.C. as per rules.
[ VIVEK RUSIA ] [AMAR NATH (KESHARWANI)]
JUDGE. JUDGE.
Alok/-
Digitally signed by ALOK GARGAV
Date: 2022.10.31 18:03:23 +05'30'
