Raghuveer Singh Rajput vs The State Of Madhya Pradesh
2023 Latest Caselaw 6678 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 965 of 2016 (RAGHUVEER SINGH RAJPUT Vs THE STATE OF MADHYA PRADESH)

Dated : 25-04-2023 Shri Hitesh Agrawal - Advocate for the appellant.

Shri Ajay Shukla - Government Advocate for the State.

Heard on I.A No. 3114 of 2023 , an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Raghuveer Singh Rajput arising out of judgment dated 28.01.2016 delivered

in S.T. No.01/2014 by Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sehore, District Sehore (M.P.).

The appellant has been convicted under Section 294 of the I.P.C. and sentenced to undergo R.I. for one month, Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act and sentenced to undergo R.I. for two years with fine of Rs.500/-, Section 302 of the I.P.C. and sentenced to undergo Life imprisonment with fine of Rs.1,000/- and Section 506 Part-II of the I.P.C. and sentenced to undergo R.I. for two years with fine of Rs.500/- with default stipulations.

Learned counsel for the appellant at the outset submits that his previous application was dismissed for want of prosecution on 21.11.2017. However, a careful reading of this order shows that the aforesaid statement is factually incorrect. Although, nobody appeared for appellant, the Court made it clear that 'No case for suspension of jail sentence is made out'. Thus, we are unable to hold that previous application was not decided on merits.

As per prosecution story, the appellant caused 11 injuries by means of axe on the deceased. There are two eye-witnesses to the incident. The blood Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 4/26/2023 3:25:47 PM

stained axe and clothes were recovered from the appellant. As per Ex.P/23, human blood was found on axe and clothes. Considering the aforesaid, no case is made out for suspension of sentence to the appellant at this stage.

Accordingly, I.A. No.3114 of 2023 is dismissed.

                               (SUJOY PAUL)                                        (SMT. ANJULI PALO)
                                  JUDGE                                                  JUDGE

                          HK




Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 4/26/2023
3:25:47 PM