Rajnarayan vs The State Of Madhya Pradesh
2024 Latest Caselaw 20792 MP

Madhya Pradesh High Court

Rajnarayan vs The State Of Madhya Pradesh on 1 August, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                              1                             CRA-12244-2022
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                      CRA No. 12244 of 2022
                                         (RAJNARAYAN AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 01-08-2024
                                 Shri Sanjay Gupta, learned counsel for the appellant No. 1.

                                 Shri Rakesh Kumar Sharma, learned senior counsel with Ms. Bhavya
                           Sharma, learned counsel for the appellant No. 5.
                                 Dr. Anjali Gyanani, learned Public Prosecutor for respondent/State.

Shri Harshit Sharma, learned counsel for the complainant.

Learned Public Prosecutor prays for and is granted four weeks' time to file reply to I.A. No.13357/2024 , which is second application under Section 389(1) of CrPC for suspension of sentence and grant of bail to the appellant No.5 - Satyanarayan Sharma.

Heard on I.A. No.15420/2024 , fourth interim application under Section 389 of CrPC on behalf of appellant No. 1 - Rajnarayan.

Appellant No.1-Rajnarayan stood convicted under Sections 147, 148, 302/149 and 307/149 (three counts) IPC and sentenced to undergo RI for six months with a fine of Rs.500/-, RI for one year with a fine of Rs.500/-,

imprisonment for life with a fine of Rs.5,000/- and RI for ten years with a fine of Rs.2,000/- (each count), with default stipulations vide judgment of conviction and order of sentence dated 05.12.2022 passed by I Additional Sessions Judge, Gohad, District Bhind (M.P.) in ST No.100106/2016.

Vide order dated 01.03.2023, this appellant has been granted temporary suspension of sentence on account of his age as well as diseases

2 CRA-12244-2022 suffering by him. Medical record reveals that he is suffering from Cancer. However, initially he was not made accused but later on added under Section 319 of CrPC. There is no specific allegation that the deceased died because of gunshot fired by him. At present, he is 79 years of age.

Accordingly, the order dated 01.03.2023, by which he was granted benefit of temporary suspension of sentence, is made absolute.

The appellant is directed to appear before the Registry of this Court first on 12.11.2024 and thereafter on other subsequent dates as may be fixed in this behalf.

I.A. No.15420/2024 stands disposed of.

                                   (VIVEK RUSIA)                             (RAJENDRA KUMAR VANI)
                                       JUDGE                                         JUDGE


                           Abhi