Rajkumar Urf Raju vs The State Of Madhya Pradesh
2023 Latest Caselaw 7329 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 6385 of 2022
                                            (RAJKUMAR URF RAJU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 04-05-2023
                                 Shri Vijay Kumar Dubey, learned counsel for the appellant.

                                 Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
                           respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also, heard on I.A. No.13472/2022, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant- Rajkumar @Raju.

The trial Court has convicted the appellant under Section 302 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with default stipulation, vide judgment of conviction and order of sentence dated 25.05.2022 passed by the Addl. Sessions Judge, Dharampuri, District-Dhar in Sessions Trial No.9/2020.

As per prosecution case, two days ago of the incident there was a

quarrel between the appellant and the deceased and due to this on 28.04.2020 at around 9 p.m. the appellant came in front of the deceased's house with wooden Kharalia and assaulted the deceased. Due to the injuries the deceased died.

Learned counsel for the appellant submits that the appellant has not committed any offence. He has falsely been implicated in the case. The appellant is in custody since 28.04.2020 and the final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail. Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 06-05-2023 16:06:52

Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant.

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

Considering the statement of Sharda (P.W.-1) wife of the deceased at this stage, we are not inclined to suspend the jail sentence and grant bail to the appellant. Accordingly, I.A. No.13472/2022 is dismissed.

List in due course.

                                  (S. A. DHARMADHIKARI)                   (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                   JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 06-05-2023
16:06:52