Sheikh Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 20264 MP

Madhya Pradesh High Court

Sheikh Rajak vs The State Of Madhya Pradesh on 1 December, 2023

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                                   1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 12342 of 2022
                                             (SHEIKH RAJAK Vs THE STATE OF MADHYA PRADESH)

                    Dated : 01-12-2023
                           Shri Vikash Sharma - Advocate for the appellant.

                           Shri Aatma Ram Ben - Deputy Government Advocate for the respondent/State.

Heard on I.A. No.23059/2023, which is second application under Section 389(1) of Cr.P.C. for grant of bail pending the appeal.

Appellant's first application was dismissed as withdrawn and not pressed vide

order dated 27.04.2023.

Learned counsel for the appellant has submitted that learned trial Court has erroneously convicted the appellant. There is no evidence against the appellant as none of the witnesses supported the prosecution story. Therefore, it is prayed that the appellant may be released on bail.

On the other hand, learned counsel for the State has opposed grant of bail. On perusal of the findings recorded in the impugned judgment and the evidence of PW/1, PW/2, PW/3, PW/4 and PW/6 who have clearly deposed that it was accused Shekh Rajjak who lit the matchstick for smoking bidi and after liting bidi, he threw the

burning matchstick there. On account of the act by appellant, sack sustained the fire and 14 persons died.

In this case, 14 persons have died on the spot and there is overwhelming evidence against the present appellant. Therefore, having taken into consideration the evidence on record, I am of the view that no case for suspension of jail sentence is made out. Therefore, I.A. No.23059/2023, second application under Section 389(1) of Cr.P.C. for grant of bail is dismissed.

List this case for final hearing in due course.

(DINESH KUMAR PALIWAL) JUDGE ak