Mukesh Rathor vs The State Of Madhya Pradesh
2024 Latest Caselaw 5659 MP

Madhya Pradesh High Court

Mukesh Rathor vs The State Of Madhya Pradesh on 23 February, 2024

Author: Chief Justice

Bench: Chief Justice

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 3061 of 2023
                                             (MUKESH RATHOR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 23-02-2024
                                 Shri R.S. Rathore - Advocate for appellant.

                                 Shri Pramod Thakre - Public Prosecutor for respondent State.

I.A. No.17357 of 2023 is the first application under Section 389(1) of Cr.P.C. for suspension of execution of sentence and enlargement on bail filed on behalf of accused-appellant Mukesh Rathor who has been convicted under

Section 302 and Section 201 of IPC and sentenced to undergo life imprisonment and R.I. for 5 years and to pay a fine of Rs.3,000/- and Rs.2,000/- respectively with default stipulation as mentioned in the impugned judgment.

Prosecution case as found proved by the Trial Court is that appellant- accused and co-accused Urmila Rathor entered into criminal conspiracy for the murder of Ramji Rathor and to execute that conspiracy the Ramji was murdered in the intervening night of 29-30.07.2020 at public road within the jurisdiction of Police Station Kotwali, Anuppur. Co-accused Urmila is the wife of deceased

Ramji and motive of murder of Ramji is the relationship between appellant- accused and Urmila Rathor.

Learned counsel for the State has opposed the application. Considering the circumstances as established by the prosecution and mentioned in para-32 of the judgment and the motive of the crime, appellant- accused Mukesh Rathor does not deserve for suspension of execution of sentence and enlargement on bail at present.

I.A. No.17357 of 2023 is accordingly rejected.

                                (RAVI MALIMATH)       (GAJENDRA SINGH)
                                  CHIEF JUSTICE             JUDGE
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