Rakesh Rajput vs The State Of Madhya Pradesh
2023 Latest Caselaw 13399 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7513 of 2023 (RAKESH RAJPUT Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 17-08-2023 Shri Jagdish Singrol- Advocate for appellant.

Shri R.G. Verma - Panel Lawyer for the State.

Record is available.

The appeal is admitted for hearing.

Heard on I.A.No. 13701/2023, which is first application under Section

389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of appellant - Rakesh Rajput.

Appellant has been convicted for the offences punishable under Section 323/34 of IPC and sentenced to undergo R.I. for 03-03 months and fine of Rs.500/- and Section 3(1)(da) & 3(1)(dha) of SC/ST (Prevention of Atrocities) Act and sentenced to undergo R.I. for 6 - 6 months and fine of Rs. 500/- & Rs. 500/- with default stipulations respectively.

Learned counsel for the appellant submits that appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has

not properly appreciated the oral and documentary evidence available on record and committed error in convicting appellant for the aforesaid offence. The appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State has opposed the application and prays for its rejection. Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 8/18/2023 10:49:54 AM

Heard counsel for the parties and perused the judgment and record of the court below.

Appellant has prayed bail on the ground that there was a previous enmity between the parties and the prosecution case was not supported by independent witnesses and the injuries caused to the victim were simple. Those arguments have been examined in the light of the record of trial court. There were two injured persons in this case namely Pradeep Ahirwar (PW/3) and Bhagwati Ahirwar (PW/4) who have given corroborative statement and their statements has been supported by statement of independent witness Suresh (PW/5). Dr. Virendra Singh has found three injuries on the person of Pradeep and one on

the person of Bhagwati. Merely for the reason that another independent witness has failed to support the prosecution case, it cannot be a ground of suspension.

Looking to the well reasoned findings of the trial court, the application for suspension of sentence is dismissed.

Appellant is directed to surrender before the court below. List the matter for final hearing in the week commencing 26.10.2023.

(ANURADHA SHUKLA) JUDGE

MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 8/18/2023 10:49:54 AM