Madhya Pradesh High Court
Rajkumar vs The State Of Madhya Pradesh on 23 June, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1435 of 2022
(RAJKUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 23-06-2023
Shri Anand Purohit- Advocate for the appellants.
Smt. Padamshree Agarwal- Panel Lawyer for the respondent/State.
Heard on I.A.No.1351 of 2023, which is the first application for
suspension of sentence and grant of bail moved on behalf of appellant No.2-
Bharat alias Nikki.
Present appellant along with other co-accused persons namely Rajkumar,
Atul & Ramvaran stands convicted under Section 363 of IPC and sentenced to
undergo RI for seven years with fine of Rs.2,000/- and under Sections 364-A of
IPC read with Section 11/13 of MPDVPK Act and sentenced to undergo Life
Imprisonment with fine of Rs.5,000/- with default stipulations vide judgment of
conviction and order of sentence dated 7/1/2022 passed by Special Judge
(MPDVPK Act), Bhind, District Bhind in Special Case (DOCT) No.24/2016.
Appellant No.2-Bharat alias Nikki so far has undergone jail incarceration
for more than 2 years.
As per prosecution story, complainant Chakresh Jain lodged an FIR that
he is resident of village Gormi and running a photography shop. On 21/07/2016,
at about 10:30 in the morning, while his son (abductee) Nikhil, aged about 3
years, was playing outside the house, he has been missing and despite extensive
search, he could not be traced. Accordingly, it was apprehended that he has
been abducted. On such complaint, FIR at Crime Case No.213/2016 was
registered under Section 363 of IPC. During investigation, on a secret
information on 23/7/2016, accused persons were seen with the child and
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 6/24/2023
1:03:14 PM
therefore, one of the accused Atul alias Raju was taken into custody. He is
alleged to have accepted the guilt and also disclosed the name of other accused
persons including the present appellant namely Bharat alias Nikki being involved
in abduction of the child purportedly in the context that house of the
complainant was likely to be sold for 65 lakhs. Upon completion of
investigation, challan was filed. Case was committed for trial to the sessions
Court. The Sessions Court upon critical evaluation of evidence placed on
record has convicted and sentenced the present appellant along with other co-
accused persons as referred above.
Learned counsel for the appellants while taking exception to the
impugned judgment submits that though appellant No.2-Bharat alias Nikki along
with other co-accused persons is convicted for offences punishable under
Section 363 and 364-A of IPC but there was no demand for ransom for release
of the abductee and even that is not the case of the prosecution. Abductee was
recovered on 24/07/2016. It is further submitted that appellant No.2-Bharat alias
Nikki has already suffered jail incarceration for more than 2 years and the appeal
is of the year 2022 and there is no likelihood of early hearing of the appeal in
near future. Hence, he prays for suspension of sentence.
Per contra, learned Public Prosecutor for respondent/State supporting
the judgment impugned opposed the application and prayed for its rejection.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that present appellant Bharat alias Nikki has
suffered incarceration for more than 2 years and present appeal is of the year
2022 and there is no likelihood of early hearing of the appeal, in the obtaining
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facts and circumstances, appellant No.2-Bharat alias Nikki is held entitled for
Signed by: SUNEEL DUBEY
Signing time: 6/24/2023
1:03:14 PM
suspension of jail sentence.
Accordingly, I.A.No.1351/2023 is hereby allowed and it is directed that
the jail sentence of appellant No.2-Bharat alias Nikki shall remain suspended
and he be released on bail on his furnishing a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the like
amount to the satisfaction of the trial Court and also subject to deposit of the
fine amount (if not already deposited). The appellant No.2-Bharat alias Nikki is
directed to mark his appearance before the Registry of this Court first on
21/08/2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, I.A. No.1351/2023 stand disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.As. and shall have no bearing on the merits of the appeal.
Certified copy as per rules
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
(Dubey)
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 6/24/2023
1:03:14 PM
