Raja @ Vikramsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 388 MP

                                                     1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                            AT INDORE
                                             CRA No. 1568 of 2015
                            (RAJA @ VIKRAMSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

               Dated : 06-01-2023
                         Shri Pramod Choubey, learned counsel for the appellant.

                         Shri G.S. Chouhan, Deputy Govt. Advocate for State.


                                                   ORDER

Heard on I.A.No.16262/2022, which is an application for suspension of sentence filed on behalf of appellant No.1 Raja @ Vikram under Section 389 of

the Cr.P.C who has been convicted by 11th ASJ, District Ujjain, vide judgment dated 20.10.2015 for commission of offence punishable under Section 302 of IPC, sentenced to undergo life imprisonment with fine of Rs.5000/- and under Section 25(1-B)B of Arms Act, sentenced to undergo 1 years RI with fine of Rs.1000/- with default stipulation on each count.

Learned counsel for the appellant has submitted that the appellant No.1 has already completed ten years and six months of actual incarceration as he is lodged in jail since 14.8.2012. Counsel has also submitted that other co-accused person namely appellant No.2 Nana @ Rajesh has already been granted the

benefit of suspension of jail sentence by this court vide order dated 25.11.2022 on the ground of 10 years of incarceration and the case of the present appellant is similar to that co-accused Nana @ Rajesh. It is also submitted that accused Ishan @ Vishal has also been granted the benefit of suspension of jail sentence on the same ground. Hence it is prayed that application for suspension of jail sentence filed on behalf of the appellant No.1 be allowed. Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE On the other hand, learned counsel for the respondent / State has Signing time: 1/9/2023 6:20:17 PM opposed the prayer for suspension of jail sentence filed on behalf of the

appellant No.1.

On due consideration and on perusal of the earlier orders passed by this court in respect of appellant No.2 Nana @ Rajesh and co-accused Ishan @ Vishal who has filed Criminal Appeal No.1564/2015, this court find force with the contention raised by the learned counsel for the appellant No.1 and considering the fact that appellant No.1 has been incarceration since last more than 10 years and six months and the final disposal of the appeal is likely to take sufficient long time, without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant No.1 Raja @ Vikram.

Accordingly, I.A.No.16262/2022 is allowed. Execution of jail sentence of the appellant No.1 is hereby suspended and it is ordered that the appellant No.1 (Raja @ Vikram S/o. Raisingh) be released on bail on depositing the fine amount (if not already deposited) and on furnishing a personal bond for a sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the concerned trial Court on 22.2.2023 and also on such other dates, as may be fixed by the concerned trial court, in this regard during the pendency of this appeal.

List for final hearing in due course.

C.c. as per rules.

                  (SUBODH ABHYANKAR)                                        (PRANAY VERMA)
                        JUDGE                                                   JUDGE

              SS/-

Signature Not Verified
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 1/9/2023
6:20:17 PM