Rajju @ Vinay Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 12208 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 1186 of 2017
                                         (RAJJU @ VINAY YADAV Vs THE STATE OF MADHYA PRADESH)

                         Dated : 01-08-2023
                               Shri Uday Raj Mishra - Advocate for the appellant.

                               Shri Vivek Lakhera - Government Advocate for respondent-State.

Heard on I.A. No.3110 of 2021, this is second application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant - Rajju @ Vinay Yadav 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. It is also submits that no recovery has been made from the appellant and no Test Identification Parade has been conducted in the case. In F.I.R., no active role is attributed to the appellant in the alleged incident. 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.

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

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.3110 of 2021 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