Madhya Pradesh High Court
Raja vs The State Of Madhya Pradesh on 25 April, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 819 of 2017
(RAJA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 25-04-2023
Shri Santosh Kumar Meena, learned counsel for the appellant.
Shri Amit Rawal, learned Government Advocate for the
respondent/State.
Shri Aman Mourya, learned counsel for the Respondent [COMP].
Heard on I.A. No. 5731/2023 which is first bail application filed under
Section 389 of Cr.P.C. for suspension of custodial sentence on behalf of
appellant No. 1 Raja and appellant No. 2 Pappu and I.A. No.5732/2023,
second bail application filed under Section 389 of Cr.P.C. for suspension of
custodial sentence on behalf of appellant No. 4 Sharifan Bee.
The appellant Nos.1, 2 & 4 stand convicted v i d e judgment dated
28/03/2017 passed by First Additional Sessions Judge, Sujalpur (M.P.) in S.T.
No.88/2013 under Sections 302/149 of I.P.C. (2 counts) and have been
sentenced to undergo life imprisonment with fine of Rs.5,000/- with default
stipulation, under Sections 325/149 of I.P.C. and have been sentenced to
undergo three years R.I. with fine of Rs.2,000/- with default stipulation and
under Section 147 of I.P.C. and have been sentenced to undergo two years R.I.
with fine of Rs. 1,000/- with default stipulation.
All the three appellants have applied for suspension of sentence solely on
the ground that they have completed more than 12 years 9 months custody in
the jail and co-accused Mustak Khan has been granted suspension of sentence
by the Apex Court in Criminal Appeal No. 1173/2023 (Mustak Khan Vs.
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 26-04-2023
10:22:21
State of Madhya Pradesh) which is reproduced as under :-
"Leave granted.
We have heard learned counsel for the parties.
Considering the fact that the co-accused have
been granted bail and the appellant has completed 10
years and 1 month without remission and 12 years 9
months with remission and there is no likelihood of
appeal pending before the High Court being decided
expeditiously, we are inclined to release the appellant on
bail.
Accordingly, the appellant be released on bail on
such terms and
conditions as the trial Court may deem fit and proper to
impose.
The appeal stands disposed of."
Learned Government Advocate for the respondent/State opposes the
prayer for suspension of remaining jail sentence of appellants.
Heard.
In order to maintain parity as co-accused Mustak Khan has already been
granted the benefit of suspension of sentence by Apex Court vide order dated
18.04.2023 passed in CRA.No.1173/2023 and that this appeal is of the year
2017 and there is no likelihood of final hearing of this criminal appeal in near
future, without commenting on the merits of the case, the IA Nos. 5731/2023
and 5732/2023 are allowed and execution of remaining jail sentence of the
appellant No. 1 Raja, appellant No. 2 Pappu and appellant No. 4
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 26-04-2023
10:22:21
Sharifan Bee is hereby suspended till the final disposal of this appeal and it is
ordered that the appellants be released on bail on his furnishing a personal bond
for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one
surety in the like amount to the satisfaction of the learned trial Court for his
appearance before the Registry of this Court on 12.7.2023 and on all such
subsequent dates, which are fixed in this regard by the Registry.
Certified copy as per rules.
(VIVEK RUSIA) (SUBODH ABHYANKAR)
JUDGE JUDGE
Vindesh
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 26-04-2023
10:22:21
