Karan Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 19762 MP

Madhya Pradesh High Court

Karan Rajak vs The State Of Madhya Pradesh on 24 November, 2023

Author: Hirdesh

Bench: Hirdesh

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 12942 of 2023
                                              (KARAN RAJAK Vs THE STATE OF MADHYA PRADESH)

                           Dated : 24-11-2023
                                 Shri Surendra Rajak - Advocate for the appellant.

                                 Shri S. Riyaz - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Record of the court below is received.

The appeal is admitted for hearing.

Heard on I.A. No. 24752 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Karan Rajak arising out of judgment dated 31.07.2023 passed by 13th Addl. Sessions Judge, District Jabalpur (M.P.) passed in S.T. No. 310/2018.

The appellant has been convicted for the offence punishable under Section 452 of IPC and sentenced to undergo R.I. for two years and under Section 325 of IPC and sentenced to undergo R.I. for two years and fine of Rs.500/-.

The prosecution case in brief on 02.04.2018 at 19:05 pm Sub Inspector

RP of Police Station Belkheda in Sahni Hospital Jabalpur, Dehati Nalisi article was made to Bargi to the effect that he lives in village Hinautia and does farming and is also a homeopathic doctor. On 02.04.2018 at 1.45 pm Karan Rajak who was living behind his house, came with a lathi in his hand and while abusing his mother sister told him o press his wife. Why do you give clothes for him. Then he said that we do not give and refuse to abuse, then Karan became more agitated and ran to kill, then he came inside his house, then Karan also entered insider his house with a stick and he was hit on the head with a stick, due to

which blood started flowing and injury was caused by hitting the wrist of the left hand.

Learned counsel for the appellant submitted that appellant has a good case. Conclusion of appeal will take time. There are so many contradictions in the record. Appellant was on bail during trial and he has not misused the bail granted to him by the trial Court. Hence, he prays for suspension of sentence and grant of bail to the appellant.

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

I have heard counsel for the parties and perused the record. Considering

the facts and circumstances of the case and on perusal of record, I am of the opinion that the jail sentence of appellant deserves to be suspended.

Accordingly, IA No. 24752/2023 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs 20,000/-(Rupees Twenty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, the execution of remaining jail sentence of the appellant shall remain suspended till final disposal of this appeal. The appellant Karan Rajak after being enlarged on bail shall mark his presence before the concerned trial Court on 21.12.2023 and thereafter on all subsequent dates as may be fixed in this behalf.

List the appeal for final hearing in due course.

Certified copy as per rules.

(HIRDESH) JUDGE

vkv /-