Madhya Pradesh High Court
Rahul @ Ram Kushwah vs The State Of Madhya Pradesh on 3 November, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 643 of 2014
(RAHUL @ RAM KUSHWAH Vs THE STATE OF MADHYA PRADESH)
Dated : 03-11-2023
Shri R.K.Dubey, Advocate for the appellant.
Ms. Kalpana Parmar, Panel Lawyer for the respondent/State.
Heard on IA No.18963 of 2023, fifth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
sole appellant -Rahul alias Ram Kushwaha.
Present appellant stands convicted under Section 302/34 of IPC and
sentenced to undergo life imprisonment with fine of Rs.5,000/- with default
stipulation vide judgment of conviction and order of sentence dated 11th April
2014 passed by Special Judge (Atrocities), Gwalior in Special Sessions Trial
No.79/2013.
The present appellant so far has undergone jail sentence of 10 years, 6
months and 13 days.
Prosecution story, as found proved, is that in the evening of 17/4/2013
co-accused Suman Kuwhah took Manoj alias Machhar (since deceased) to her
home. When he did not return till night, then his wife complainant Chinki alias
Kunti Devi along with his parents-in-law went in search of Manoj and in front of
Dev Palace Hotel saw that present appellant Rahul alias Ram Kushwaha along
with co-accused Sunil Malhotra and Suman Kushwaha were assaulting Manoj
alias Machhar. After throwing him on the ground, a boulder was thrown at his
head by co-accused Sunil Malhotra and all the three miscreants also pelted
boulder on his face due to which he died on the spot. Upon completion of
investigation including recording of statements, collection of evidence and
necessary formalities, challan was filed before JMFC from where the case was
committed to the Sessions Court. The Sessions Court on appreciation of
evidence placed on record convicted and sentenced the present appellant.
Learned counsel for appellant while taking exception to the impugned
judgment inter alia supported the instant application primarily on the ground of
long jail incarceration as so far, the appellant has undergone actual jail sentence
for 10 years, 6 months and 13 days. That apart, it is submitted that the judgment
suffers from surmises and conjectures. No overt act is attributed to the present
appellant. The incident occurred on sudden provocation in a heat of passion
and, as such, at the most offence under section 304 Part II, IPC would be made
out. It is further submitted that the appeal being of 2014 is not likely to be
decided in the near future. On these grounds, learned counsel submits that the
present appellant may be extended the benefit of suspension of sentence and
grant of bail.
Per contra, learned Panel Lawyer, appearing on behalf of the
respondent/State while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
present appellant so far has undergone incarceration of 10 years, 6 months and
13 days and the appeal which is of the year 2014 is not likely to be decided in
the near future, we are of the view that present appellant is entitled to the benefit
of suspension of sentence and grant of bail.
Accordingly, the I.A. stands allowed and it is directed that the jail
sentence of sole appellant Rahul alias Ram Kushwah shall remain suspended
during pendency of the present appeal and he shall be released on bail subject
to verification of the factum of depositing the fine amount and 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.
Appellant is directed to appear before the Registry of this Court first on
12.12.2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
vc
VARSHA
CHATURVEDI
2023.11.04 12:46:45
+05'30'
