Rakesh Kumar @ Bhallu Kumhar vs The State Of Madhya Pradesh
2023 Latest Caselaw 21830 MP

Madhya Pradesh High Court

Rakesh Kumar @ Bhallu Kumhar vs The State Of Madhya Pradesh on 19 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                      1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             CRA No. 414 of 2015
          (RAKESH KUMAR @ BHALLU KUMHAR Vs THE STATE OF MADHYA PRADESH)

Dated : 19-12-2023
      Shri Vivek Baderiya - Advocate for the appellant.

      Shri Ajay Shuklar - Government Advocate for the respondent/State.

Heard on I.A. No.18791/2023 which is third application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Rakesh Kumar @ Bhallu Kumhar arising out of judgment dated 21.01.2015

delivered in Special Case No.17/2013 passed by Special Judge, SC/ST (Prevention of Attrocities) Act Katni (MP).

The appellant has been convicted and sentenced for the offence punishable under S ec tio n 302 of IPC a n d sentenced to undergo Life Imprisonment with fine of Rs.2000/-, Section 450 of IPC and sentenced to undergo RI for 3 years and fine of Rs. 500/- and Section 3(2)(v) of SC/ST Act and sentenced to RI for life and fine of Rs. 2000/- with default stipulation.

By taking this Court to para 38 of the impugned judgment, learned counsel for the appellant submits that appellant is in actual custody since

29.03.2013. Therefore, appellant remained in jail for more than 10 ½ years. The final hearing of this matter is not possible in near future. Thus, remaining jail sentence of present appellant may be suspended.

Learned Government Counsel opposed the prayer but did not dispute the period of custody of the appellant.

Considering the period of custody of appellant and bleak chances of final hearing in near future, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.18791/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant - Rakesh Kumar @ Bhallu Kumhar be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Katni on 12.02.2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

           (SUJOY PAUL)                                  (BINOD KUMAR DWIVEDI)
              JUDGE                                              JUDGE

DigitallyL.R.
          signed by LALIT
SINGH RANA
Date: 2023.12.20 14:12:58
+05'30'