Madhya Pradesh High Court
Sanju Rathore vs The State Of Madhya Pradesh on 27 April, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1681 of 2017
(SANJU RATHORE Vs THE STATE OF MADHYA PRADESH)
Dated : 27-04-2023
Shri Sunil Gupta, learned counsel for appellant Sanju Rathore S/o Anil
Rathore.
Shri Amit Rawal, learned counsel appearing on behalf of Advocate
General.
1.
Heard on IA No.4286/2023, which is a repeat (FOURTH)
application under Section 389 (1) of Code of Criminal Procedure, 1973 for
suspension of remaining jail sentence and grant of bail filed on behalf of
appellant - Sanju Rathore S/o Shri Anil Rathore.
2. The present appeal has been filed against judgment dated
30.06.2017 passed by the Special Judge, Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, Indore in Special Case Trial
No.59/2012 whereby the appellant has been convicted for the offence
punishable under Sections 148, 302, 307/149, 324/149, 323 (two counts) of
I.P.C., Section 25(1-B) (b) of Arms Act and sentenced to undergo 2 years R.I.,
life imprisonment, 10 years R.I., 3 years R.I., 1 year R.I., 2 years R.I. with fine
of Rs.1000/- each for the offence under Section 302 and 307/149 of I.P.C.
Section 25(1-B) (b) of Arms Act with default stipulation.
3. First application for suspension of remaining jail sentence was
dismissed as withdrawn vide order dated 07.09.2018 and second application
was dismissed on merits vide order dated 11.01.2022.
4. As per prosecution story on 09.02.2012 Laxman son of Bonder
lodged a Dehati Nalish that he was sitting grocery shop in front of his house. At
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 27-04-2023
18:41:11
about 11:00 Raju and Sonu came there and enquired about the Naveen and
started abusing him by filthy language. Raju was
carrying country made pistol and Sonu was carrying baseball in his hand. The
grandson of Laxman i.e. Ashok came out side. They told that Naveen has put
their hut in the fire. Scuffle started between Raju, Sonu and Ashok. Thereafter
Sonu called Sanju (present appellant), Bharat, Vishnu, Bhaiyalal, Sitaram, Bhanu
@ Chikna. They all came spot equipped with knife, sword, Gupti, Baseball and
stick in their hands. Sanju gave a blow by sword to Ashok in his neck. He gave
second blow on the chest of Ashok. Thereafter Ashok caught hold the Sanju
then Bhanu stabbed the knife in his stomach. He fell down. Naveen tried to
save the Ashok, then Sitaram gave a blow by sword. Thereafter other relatives
came to rescue them, they also assaulted by stick. The incident was witnessed
by Baby Bai thereafter all accused persons fled away from the spot. All the
injured were admitted in the M.Y. Hospital where Ashok succumbed to the
injuries. The charge-sheet was filed against as many as seven accused persons.
The prosecution has examined 20 witnesses to establish the charges. PW-1 and
PW-2 have supported the case of prosecution. After appreciating the evidence
came on record, the learned Special Judge vide judgment dated 30.06.2017 has
convicted all the seven accused for the above offences.
5 . Learned counsel for the appellant submits that this repeat
application has been filed only on the ground of period of custody and parity
with accused Arjun S/o Karan Singh Dhakad, who has been granted
suspension of remaining jail sentence and bail by the Apex Court on
20.03.2023 in Petition (s) for Special Leave to Appeal (Criminal)
No.2886/2023. The aforesaid order is reproduced below: -
"1. The present petition challenges the order passed by the High
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 27-04-2023
18:41:11
Court vide which the High Court has refused to consider the
application for suspension of sentence.
2. It appears from the impugned order that the High Court has
set a bench mark of completion of ten years of sentence before
consideration of the application for suspension of sentence.
3 . The petitioner has been incarcerated for around eight years
without remission and with remission it is approximately ten years.
4. In that view of the matter, we are inclined to suspend the
sentence.
5 . The judgment and order of sentence is suspended and the
petitioner is directed to be released on bail in connection with
Sessions Trial No.51 of 2015 on 28.12.2016, to the satisfaction of
the Trial Court.
6. The special leave petition is, accordingly, disposed of.
7. Pending application(s), if any, shall stand disposed of."
6. The Apex Court has granted the benefit of suspension of sentence
a n d bail only on the ground of completion of eight years in jail without
remission and approximately ten years with remission.
7. Apart from that, all other accused persons have been granted the
benefit of suspension by this Court.
8 . Learned Government Advocate opposes the application and
prays for rejection of the application.
9. In the present case, the appellant has already completed the actual
period of eleven years in jail; and as alleged, the fatal injury was caused by co-
accused Bhanu @ Chikana S/o Niranjan Singh to the deceased by means of
knife (which was recovered having blood stains), whereas the present appellant
was armed with sword (which was recovered without having any blood stains).
Accused Arjun has been granted suspension of sentence and bail by the Apex
Court, therefore, the present appellant is having parity.
1 0 . Considering the facts and circumstances of the case and
arguments advanced by learned counsel for the parties, this Court is of the
considered opinion that the application for suspension of custodial sentence
moved on behalf of the appellant deserved to be allowed, maintaining parity
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 27-04-2023
18:41:11
with accused Arjun.
11. Accordingly, maintaining parity, IA No.4286/2023 is allowed
and it is directed that subject to depositing fine amount and on furnishing
personal bond by appellant - Sanju Rathore S/o Shri Anil Rathore in the
sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in
the like amount to the satisfaction of the learned trial Court, the execution of
custodial part of the jail sentence of the appellant shall remain suspended, till the
final disposal of this appeal. The present appellant after being enlarged on bail,
shall mark his presence before the Registry of this Court on 27.10.2023 and on
all such subsequent dates as may be fixed by the Registry of this Court in this
regard.
Certified copy, as per rules.
(VIVEK RUSIA) (ANIL VERMA)
JUDGE JUDGE
rcp
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 27-04-2023
18:41:11
