Terilal Khairwar @ Rajendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 12207 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRA No. 679 of 2017
                                     (TERILAL KHAIRWAR @ RAJENDRA Vs THE STATE OF MADHYA PRADESH)

                         Dated : 01-08-2023
                               Shri Sharad Verma - Advocate for the appellant.

                               Shri Vivek Lakhera - Government Advocate for respondent-State.

Heard on I.A. No.12301 of 2020, this is second application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant - Terilal Khairwar @ Rajendra arising out of judgment dated

31/01/2017 delivered in Sessions Trial No.29/2015 by VIIth Additional Sessions Judge & Special Judge (M.P. Dacoity Evam Vyapaharan Prabhavit Kshetra Adhiniyam), Satna (MP).

The appellant has been convicted under Section 327 of the I.P.C. (two counts) and sentenced to undergo R.I. for 7 years with fine of Rs.500/-, under Section 364-A of IPC r/w Section 11/13 of M.P. Dacoity Evam Vyapaharan Prabhavit Kshetra Adhiniyam and sentence to undergo life imprisonment with fine of Rs.1000/- and Section 386 of I.P.C. (two counts) and sentenced to undergo R.I. for 7 years with fine of Rs.500/-, with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. There is no evidence to connect the appellant with the crime. Learned counsel for the appellant after referring to evidence of Jairam Yadav (PW-1) and Dayaram Yadav (PW-2) submits that at the time of alleged incident, it is not shown that he was carrying any weapon. It is also not proved from the evidence on record that he assaulted victim and it is also not shown that he demanded any money from the victim. There are contradictions and omissions in the testimony of Dayaram Yadav (PW-2) and Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 8/2/2023 5:03:24 PM

his Police Statement (Ex.D-2). The final hearing of this appeal is not possible in near future. Therefore, it has been prayed that the jail sentence of the appellant be suspended and he be released on bail.

The prayer is opposed by learned Government Advocate on the basis of objection.

Taking into consideration the overall evidence on record, including testimony of Jairam (PW-1) and Dayaram (PW-2) and F.I.R. (Ex.P-1) which has been lodged promptly and therein name of appellant is mentioned, we deem it not proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No.12301 of 2020 is dismissed.

                             (SUJOY PAUL)                                   (ACHAL KUMAR PALIWAL)
                                JUDGE                                                JUDGE

                         irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 8/2/2023
5:03:24 PM