Rambabu vs The State Of Madhya Pradesh
2024 Latest Caselaw 3788 MP

Madhya Pradesh High Court

Rambabu vs The State Of Madhya Pradesh on 8 February, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     CRA No. 7136 of 2018
                                         (RAMBABU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 08-02-2024
                               Shri Santosh Kumar Meena - Advocate for appellant No.1 -Rambabu

                         S/o Amar Singh Mewade.
                               Shri Sudhanshu Vyas - Advocate General appearing on behalf of
                         Advocate General for respondent - State of Madhya Pradesh.

Shri Shubham Arya - Advocate appearing on behalf of Shri Akhilesh Kumar Saxena - Advocate for complainant - objector.

Heard on IA No.19288 of 2023, which is a repeat (THIRD) application under Section 389 (1) of Code of Criminal Procedure, 1973 for suspension of remaining jail sentence and grant of bail filed on behalf of appellant No.1 - Rambabu S/o Amar Singh Mewade.

Vide judgment and order dated 20.08.2018 passed by learned Sessions Judge, Rajgarh (Biaora), District Rajgarh (M.P.) in Sessions Trial No.267 of 2016, the present appellant has been convicted for offence under Sections 148, 302/149 (on two counts for causing death of Jamnalal and Bherulal), 452 and

427 of Indian Penal Code, 1908 and sentenced to undergo two years RI with fine of Rs.1,000/-, rigorous imprisonment for Life with fine of Rs.5,000/- (two counts), rigorous imprisonment for three years with fine of Rs.1,500/- and one year RI with fine of Rs.2,000/- respectively along with default stipulation.

Vide order dated 19.04.2022, this Court has already considered the application (s) for suspension of jail sentence in detail and rejected the applications for suspension of jail sentence filed on behalf of appellants No.1, 2, 7, 8, 10, 11, 9 and 6. It is a case of double murder.

Learned counsel appearing for the appellant submits that there is no allegation against the present appellant about causing injury to any of the deceased persons, but this appellant took all these accused persons in his tractor to the scene of crime. His presence has been proved. The period of custody is hardly seven and half years in case of double murder.

Considering these facts and circumstances as well as evidence against the present appellant, no case for suspension of jail sentence is made out.

Accordingly, IA No.19288 of 2023 is hereby dismissed.

                               (VIVEK RUSIA)                                             (ANIL VERMA)
                                   JUDGE                                                    JUDGE

                         rcp