Raju @ Rajju @ Rajendra Mehra vs The State Of Madhya Pradesh
2023 Latest Caselaw 16811 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 4215 of 2019
                                      (RAJU @ RAJJU @ RAJENDRA MEHRA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-10-2023
                                 Shri Ravinandan Dwivedi - Advocate for appellant.

                                 Shri Pramod Thakre - Public Prosecutor for respondent/State.

Heard on I.A. No.8956 of 2019.

This is the first application seeking for suspension of sentence and bail filed on behalf of appellant/accused Raju @ Rajju @ Rajendra Mehra, who has

been convicted under Sections 302, 324 of the IPC and section 25(1-B)(B) of the Arms Act and sentenced to R.I. for Life with fine of Rs.1,000/-, R.I. for 1 year with fine of Rs.500/- and R.I. for 1 year with fine of Rs.500/-, with default stipulations vide judgment dated 08.04.2019 passed by the 4th Additional Sessions Judge, District Narsinghpur in Sessions Trial No.213 of 2015.

The case of the prosecution is that on 27.07.2015, when the complainant was in her house, the deceased came to the shop of the accused and demanded chicken on credit. When he was refused, altercation took place and the accused attacked the deceased with a knife and caused injuries on abdomen of the

deceased. The deceased succumbed to the injuries. The case was registered against the accused. On trial, the accused was convicted and sentenced as above.

The only plea of the appellant is that he has already undergone the custody for a period of 8 years. The period of custody is not disputed by the learned Public Prosecutor. However, he submits that the accused is not entitled for bail so far as merits are concerned.

On considering the same and by applying the judgment of the Hon'ble Signature Not Verified Signed by: CHRISTOPHER PHILIP Signing time: 10/11/2023 11:55:25 AM

Supreme Court dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh vs. The State of U.P. and others), the accused is entitled to be released on bail. The manner in which the offence has been committed does not fall within the exceptions as carved out by the Hon'ble Supreme Court. The accused has been in custody for a period of 8 years. Hence, we are of the view that the appellant is entitled to be enlarged on bail.

Consequently, I.A.No.8956 of 2019 is allowed.

Subject to deposit of the fine amount, the remaining jail sentence of the appellant shall remain suspended and appellant/accused Raju @ Rajju @ Rajendra Mehra is directed to be enlarged on bail on he furnishing a personal

bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court/concerned Court on 04.01.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

                                (RAVI MALIMATH)                                        (VISHAL MISHRA)
                                  CHIEF JUSTICE                                             JUDGE


                           C




Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 10/11/2023
11:55:25 AM