Rajesh Dhobi vs The State Of Madhya Pradesh
2023 Latest Caselaw 3435 MP

                                     1.


        IN THE HIGH COURT OF MADHYA PRADESH
                              AT INDORE

                         CRA No. 7199 of 2022
              (SOHAN @ SOHANLAL Vs THE STATE OF MADHYA PRADESH)

                         CRA No. 6569 of 2022
           (RAJESH DHOBI AND ANR. Vs THE STATE OF MADHYA PRADESH)

Dated : 27-02-2023
      Shri Jitendra Yadav, learned counsel for the appellant in Cr.A.
No.7199/2022.
      Shri Gulabh Sharma, learned counsel for the appellants in Cr.A.
No.6569/2022.
      Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.

Learned Govt. Advocate for the respondent/State submits that he has filed reply in Cr.A. No.6569/2022 and he is adopting the same in Cr.A. No.7199/2022 also.

Cr.A. No.6569/2022 is already admitted vide order dated 21.11.2022.

Heard on the question of admission.

Cr.A. No.7199/2022 is admitted.

Also, heard on I.A. No.11276/2022, which is first application for suspension of sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of [email protected] Sohanlal in Cr.A. No.7199/2022.

Also, heard on I.A. No.10648/2022, which is first application

for suspension of sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of appellant-Rajesh Dhobi and appellant- Aakash Gurjar in Cr.A. No.6569/2022.

The trial Court has convicted each of the appellants under section 364(A) of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- respectively with default stipulation vide judgment of conviction and order of sentence dated 15.07.2022 passed by Additional Sessions Judge, Bhanpura District- Mandsaur in S.T. No.45/2017.

As per prosecution case, on 01.06.2017 appellants and co- accused [email protected] Banty had abducted Trilok Patidar (P.W.-3) for ransom of Rs.70,00,000/- and took him to Kota (Rajasthan) by car. Ransom was demanded from Sanjay Patidar (P.W.-1) who is brother- in-law (Saala) of Trilok Patidar (P.W.-3) by mobile phone. Trilok Patidar P.W.-3 was recovered by Kota Police and handed over to Bhanpura Police, District- Mandsaur.

Learned counsel for the appellants submit that appellants have not committed any offence and they have falsely been implicated in the case due to old animosity. As per prosecution Kota Police had recovered the victim from Kota but has not prepared any recovery memo. As per recovery memo Exhibit-P/3 Trilok Patidar (P.W.-3) was recovered in O.P. Bhesomandi, P.S. Bhanpura. Call details of mobile phone by which ransom was demanded has not been proved by the prosecution. In paragraph 42 of cross-examination Trilok Patidar (P.W.-3) has stated that he was known only appellant-Rajesh. Further

he admitted that his eyes were tied and when Kota Police came before him then his eyes were opened, meanwhile he had not seen anyone therefore, it is clear that the victim had not known anyone except appellant-Rajesh. But the police had not organize test identification parade therefore case of the prosecution is doubtful. Further it is also submitted that [email protected] Sohanlal was in custody since 16.06.2017 to 26.08.2017, appellant-Rajesh Dhobi was in custody since 19.0.2017 to 27.06.2018 and appellant-Aakash Gurjar was in custody since 05.07.2017 to 17.11.2018 and thereafter, all the appellants are in custody from the date of judgment i.e. 15.07.2022. Final hearing of this appeal is not possible in near future therefore, it is prayed that remaining sentence of the appellants may be suspended and the appellants may be released on bail.

Per Contra, learned Govt. Advocate for the respondent/State has opposed the prayer of the appellants and prayed for its rejection.

We have heard learned counsel for both the parties and perused the record.

Looking to the facts and circumstances of the case and also perused the evidence available on record against the appellants, coupled with the fact that the final hearing of this appeal is not possible in near future, therefore, without expressing any opinion on merits of the case, the applications i.e. I.A. No.11276/2022 and I.A. No.10648/2022 are allowed and jail sentence of the appellants shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, [email protected], Rajesh Dhobi and Aakash Gurjar shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with separate sureties in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 10.04.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List all the appeals for final hearing in due course.

Certified copy as per rules.

             (S. A. DHARMADHIKARI)               (PRAKASH CHANDRA GUPTA)
                   JUDGE                                     JUDGE
    Ajit/-

Digitally signed by AJIT
KAMALASANAN
Date: 2023.02.28 10:43:52
+05'30'