Madhya Pradesh High Court
Rakesh vs The State Of Madhya Pradesh on 18 August, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7962 of 2021
(RAKESH Vs THE STATE OF MADHYA PRADESH)
Dated : 18-08-2023
Shri A.K. Jain, learned counsel for the appellant.
Shri A.K. Nirankari, learned Public Prosecutor for the respondent-State.
Heard on I.A.No.11418 of 2023, an application for suspension of
sentence and grant of bail moved on behalf of sole appellant - Rakesh.
The appellant stands convicted under Sections 302/149 IPC and
sentenced to suffer Life Imprisonment with fine of Rs.2,000/- and Section 148
IPC and sentenced to suffer one year's RI with fine of Rs.200/- with default
stipulations vide judgment of conviction and order of sentence dated
02.12.2021 passed by First Additional Sessions Judge, Datia in Sessions Trial
No.121/2018.
As per prosecution story, on 3/7/2011, while Smt. Ramkishori (PW/2)
along with deceased Ramratan and Ashok, Sudheer, Manish, Ashish & Satish
were going to Bhulagaon from Datia, on the way, they were interrupted by
accused persons. It is alleged that present appellant - Rakesh armed with
sword, co-accused Santosh armed with 12 bore gun, co-accused Vedprakash
armed axe (kulhadi), co-accused Rajendra armed with farsa, Ramkali and
Bhaiyan armed with lathi, attacked on them and exhorted to kill each one of
them. On the aforesaid allegations, FIR was registered, investigation was
started. Upon collection of relevant material with the statements of witnesses
under Section 161 of Cr.P.C, Challan was filed. Case was committed to the
Sessions Court for trial. The Sessions Court upon evaluation of the evidence
placed on record awarded conviction to all the accused persons and sentenced
Signature Not Verified
Signed by: VARSHA
CHATURVEDI
Signing time: 18-Aug-23
6:40:04 PM
accordingly as referred above.
Learned counsel for present appellant - Rakesh submits that similarly
placed co-accused Rajendra and Santosh have been extended benefit of
suspension of sentence by the coordinate Bench on 22/02/2022 and 14/06/2023.
According to him, allegations against appellant are same that of with co-accused
persons, hence he seeks parity. He further submits that in Dehati Nalisi,
omnibus allegations were made against each of the accused persons. Under
such circumstances, present appellant may be extended benefit of suspension
on the ground of parity. Besides, appellant has already suffered incarceration
almost 06 years' and 04 months. Final disposal of this appeal is likely to take
time. As such, the instant application filed on behalf of appellant-Rakesh
deserves to be allowed.
Per contra, Public Prosecutor for State opposed the application while
supporting the impugned judgment of conviction and order of sentence with the
submission that looking to the gravity of the offence, no exception can be taken
in the matter of suspension of sentence and grant of bail to the appellant.
Upon hearing learned counsel for the rival parties, without commenting
upon the contentions so advanced touching the merits of the case, but regard
being had to the fact that present appellant undisputedly has undergone almost
06 years' and 04 months' incarceration and that appeal is of the year 2021 and
there is no likelihood of early hearing of the appeal as well as looking to the fact
that co-accused Rajendra and Santosh have already been extended benefit of
suspension of sentence by co-ordinate bench of this Court on 22/02/2022 and
14-06-2023, in the obtaining facts and circumstances, jail sentence of the
appellant Rakesh deserves to be suspended during pendency of the present
appeal.
Signature Not Verified
Signed by: VARSHA
CHATURVEDI
Signing time: 18-Aug-23
6:40:04 PM
Accordingly, it is directed that the jail sentence of appellant Rakesh shall
remain suspended during pendency of the present appeal and he shall be
released on bail subject to verification of the factum of depositing the fine
amount and on his furnishing a personal bond in the sum of Rs.1,50,000/-
(Rupees One Lac Fifty Thousand only) with one solvent surety in the like
amount to the satisfaction of the Trial Court. He is directed to appear before the
Registry of this Court first on 10-10-2023 and on other subsequent dates as
may be fixed in this behalf with following further conditions:-
(i) the concerned jail authorities are directed that before releasing the
appellant his medical examination be conducted through the jail doctor and if it
is prima facie found that he is having any symptoms of COVID-19, then the
consequential follow up action or any further test required be undertaken
immediately. If not, the appellant shall be released on bail in terms of the
conditions imposed in this order;
(ii) in case of violation of conditions, State is free to apply for
cancellation of bail.
Accordingly, I.A.No.11418 of 2023 stands allowed.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
vc
Signature Not Verified
Signed by: VARSHA
CHATURVEDI
Signing time: 18-Aug-23
6:40:04 PM
