Rajkumar Prajapati vs The State Of Madhya Pradesh
2023 Latest Caselaw 145 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 259 of 2013
                                            (RAJKUMAR PRAJAPATI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 03-01-2023
                                 Shri Surendra Verma - Advocate for the appellant.

                                 Shri Arvind Singh- Govt. Advocate for the respondent / State.

Heard on I.A. No.21860 of 2022, application for suspension of sentence and grant of bail to the appellant - Rajkumar Prajapati arising out of judgment dated 29.05.2012 delivered in S.T. No. 304/2011 by the learned

Additional Sessions Judge, Maihar, District. Satna is taken up.

The appellant has been convicted for the offence punishable under Section 302 of IPC and sentenced to undergo imprisonment for life and fine of Rs.1000/- and under Section 201 of IPC and sentenced to undergo RI for 3 year and fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submits that no previous application for suspension of sentence is decided on merits. By taking this Court to the prosecution story, it is submitted that on 31.08.2011, the appellant allegedly had quarrel with deceased/Phool Patel. The said quarrel was witnessed by Indrapal

(PW-1). The dead body of Phool Chand was found on the next day. There is no eye witness to the incident. The only circumstance on the strength of which appellant held guilty was "last seen evidence". The appellant is in custody since 05.09.2011 and therefore remained in custody for more then 11 years. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Shri Arvind Singh, learned G.A. for the State opposed the prayer by contending that Satyabhan Patel (PW-7 ) is an eye witness. Signature Not Verified Signed by: ROSHNI SINGH Signing time: 05-Jan-23 11:06:00 AM

We have heard the parties and perused the record.

Considering the period of custody of appellant coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A. No. 21860/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant- Rajkumar Prajapati is hereby suspended and it is directed that the appellant 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, Maihar District-Satna on 13th March, 2023 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)                               (AMAR NATH (KESHARWANI))
                                 JUDGE                                            JUDGE

                          R




Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 05-Jan-23
11:06:00 AM