Madhya Pradesh High Court
Rishi vs State Of M.P. on 13 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 759 of 2012
(RISHI Vs STATE OF M.P.)
Dated : 13-02-2024
Ms. Nikita Jain - Advocate for the appellant.
Shri A.K. Nirankari - Public Prosecutor for the respondent-State.
Heard on IA No.2156 of 2024, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant-Rishi Khare.
Present appellant stands convicted under Sections 148 of IPC and
sentenced to undergo 01 year RI with fine of Rs.200/- and Section 302/149 of
IPC and sentenced to undergo LI with fine of Rs.3000/- with default
stipulations respectively vide judgment of conviction and order of sentence
dated 12th September, 2012 passed by Third Additional Judge to the Court of
First Additional Sessions Judge, Gwalior in Sessions Trial No.379/2011.
T he appellant so far has undergone jail sentence of 12 years and 08
months without remission and around 17 years with remission.
Prosecution story as found proved is that on 27.04.2011 complainant
Alok (P.W.4) lodged report (Ex.P/18) to the effect that on that day at about 6-
6.15 AM he had taken his father, who was Inspector in Municipal Corporation
in a car to Daulatganj, where his father after counting the employees of
Municipal Corporation while sitting on stairs, sent them for work. At that
juncture, miscreants Surendra @ Bhola, Rishi (present appellant), Deepak,
Rakesh @ Tota, Bachchu @ Ajay Kumar, Pappu Badauri, Rakesh Khare and
Ramsingh came on the spot armed with country made pistols and revolver. All
the accused surrounded and after throwing his father on ground fired 7-8
rounds at him. While firing they were saying that his father was being punished
for the mistake of his son. Thereafter the miscreants fled from the spot.
Complainant went near his father and found that he had suffered gun shot
injuries on head, ear, neck, chest and thighs. The complainant took his father to
hospital where the doctors declared him dead. Accordingly, case was
registered. Upon completion of investigation, challan was filed. The case was
committed to the Sessions Court for trial. The trial Court upon critical
evaluation of the evidence placed on record and statements recorded, convicted
and sentenced the present appellant as referred above.
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 present appellant has already undergone
actual jail sentence of more than 12 years 08 months. That apart, it is submitted
that the impugned judgment suffers from surmises and conjectures. It is further
submitted that this Court has already extended benefit of suspension of jail
sentence to co-accused Rakesh alias Tota in Criminal Appeal No. 758/2012 and
Surendra alias Bholla in Criminal Appeal No. 757/2012 vide order dated
12.01.2024. The appeal is of the year 2012 and there is no likelihood of early
hearing of this appeal in the near future. Under such circumstances, learned
counsel prays for suspension of sentence and grant of bail on behalf of present
appellant on the ground of parity.
Per contra, learned Public Prosecutor opposes the application and prays
for its rejection while supporting the impugned judgment.
Upon hearing learned counsel for the parties, this Court refrains from
commenting upon the rival contentions of learned counsel for the parties
touching the merits of the case, however, regard being had to the fact that
present appellant so far has already undergone jail incarceration of 12 years and
08 months and looking to the fact that the benefit of suspension of jail sentence
has already been extended to co-accused Rakesh and Surendra vide order
dated 12.01.2024 in Criminal Appeals No. 758/2012 and 757/2012 respectively,
coupled with the fact that the appeal which is of the year 2012 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, IA No. 2156 of 2024 stands allowed and it is directed that
the jail sentence of present appellant 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 subject to the following
conditions :-
Appellant is directed to appear before the Registry of this Court first on
22.04.2024 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) (MILIND RAMESH PHADKE)
JUDGE JUDGE
vc
VARSHA
CHATURVEDI
2024.02.13
19:44:04
+05'30'
