Abhishek Kumar Singh Rajput vs The State Of Madhya Pradesh
2023 Latest Caselaw 18277 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11195 of 2023 (ABHISHEK KUMAR SINGH RAJPUT Vs THE STATE OF MADHYA PRADESH)

Dated : 01-11-2023 Shri Amit Dubey - Advocate for the appellant.

Ms. Ekta Gupta - Panel Lawyer for the State.

Record of the Court below has been received. Heard on admission.

The appeal being arguable is admitted for final hearing.

Also heard on I.A No.21040/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.

T h e appellant has been convicted for the offences punishable under Section 324/34 and 323/34 of IPC and sentenced to undergo RI for 1 year and fine of Rs.4,000/- and RI for 3 months and fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. The learned trial Court has erred in

not appreciating the fact that there are material omissions and contradictions in the versions of the prosecution witnesses. The appellant was on bail during trial and did not misuse the liberty so granted. The appellant is in custody. There is no likelihood of hearing of appeal in near future. Hence, it is prayed that the application for suspension of sentence may be considered.

Learned counsel for the State has opposed the bail application and prays for its rejection.

Heard counsel for the parties and perused the judgment and record of the Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11/3/2023 2:27:12 PM

court below.

This application for suspension of sentence has been argued on the ground that appellant was not named in the FIR and no active role of appellant is disclosed in the entire prosecution evidence. Indeed, appellant is not named in the FIR but this fact is revealed in the FIR itself that apart from named assailants Anshuman Tripathi and Ashutosh Pandey, there were two other companions who caught hold of complainant while he was attacked by the named assailants. It may be a case that the complainant does not know the name of appellant but he was the student of the same college and in natural sequence of event he was informed about the name of appellant by college

mates.

The appellant is convicted for the offence of Sections 323/34 and 324/34 IPC. The prosecution case is duly established by the testimony of complainant Mritunjay Rai, eyewitnesses Prateek Gaur and Nitesh and partially by college students, Yash Sharma and Ajay. No enmity has been proved between the appellant and the complainant. Therefore, no case appears to have been made out regarding false implication.

Having considered all these facts, the application for suspension of sentence is dismissed.

(ANURADHA SHUKLA) JUDGE

DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11/3/2023 2:27:12 PM