Raghunath And 4 Ors. vs The State Of Madhya Pradesh
2023 Latest Caselaw 8743 MP

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                                                          CRA No. 1387/2012


         HIGH COURT OF MADHYA PRADESH: BENCH INDORE
   BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
        RUSIA & HON'BLE SHRI JUSTICE ANIL VERMA
                        CRA No. 1387 of 2012
           (RUGNATH & OTHERS. V/S. STATE OF M.P.)
Date: 14.06.2023 :
      Shri Manoj Saxena, learned counsel for the appellant No.1 -
Rugnath.
      Shri Amit Rawal, learned Govt. Advocate for respondent/State.

Heard on I.A. No.4960/2023, a repeat (4th) application filed u/s. 389(1) of Cr.P.C. for suspension of jail sentence on behalf of appellant No.1 - Rugnath.

The appellant No.2 stands convicted vide judgment dated 30.11.2012 passed by 10th Addl. Sessions Judge, Ujjain in Sessions Trial No. 471/2010 u/s. 302, 149(2), 323/149, 148 of the IPC and sentenced to undergo life imprisonment, 3 months and 1 years' RI respectively with default stipulation.

As per prosecution story, the appellants formed unlawful assembly armed with deadly weapons. The deceased Premsingh and Jagdish Gurjar were in their agricultural field. The appellants caused multiple injury to them due to which both of them died.

Learned counsel for the appellant No.1 submits that out of 9 accused, 7 have been released from custody because of suspension of their jail sentence. Appellant No.1 has completed 13 years' jail sentence. The allegations against the present appellant are omnibus.

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CRA No. 1387/2012

He, therefore, prays for suspension of jail sentence of appellant No.1 and to release him on bail.

On the other hand, learned Govt. Advocate opposes the prayer and prays for rejection of the application.

In view of the above facts and circumstances of the case in totality, without commenting anything on the merits of the case, we deem it proper to suspend the jail sentence of this appellant No.1 Accordingly, I.A. No.4960/2023 is allowed and it stands closed. It is directed that subject to deposit of fine amount with the trial Court, if not already deposited, and on furnishing personal bond by the appellant No.1 - Rugnath S/o. Amarsingh in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 11.12.2023 and on all such subsequent dates, which are fixed in this behalf, during pendency of this appeal the execution of custodial part of the jail sentence of the appellant shall remain suspended till final disposal of this appeal.

C.C. as per rules.

         [ VIVEK RUSIA ]                               [ANIL VERMA]
             JUDGE.                                       JUDGE.
Alok/-

Digitally signed by ALOK GARGAV
Date: 2023.06.14 18:05:01 +05'30'