Ram Kishore Athya vs The State Of Madhya Pradesh
2024 Latest Caselaw 5699 MP

Madhya Pradesh High Court

Ram Kishore Athya 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. 7266 of 2022
                                           (RAM KISHORE ATHYA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 23-02-2024
                                 Shri Shailendra Verma - Advocate for appellant.

                                 Shri Suyash Mohan Guru- Advocate for Objector.
                                 Shri Yogesh Dhande - Public Prosecutor for respondent/State.

IA No. 28274 of 2023 for change of counsel is allowed. Registry to show the name of new counsel by deleting the name of earlier

counsel in the cause-list.

I A No. 2215 of 2024 is the first application preferred under Section 389(1) of Cr.P.C for suspension of execution of sentence and to enlarge the appellant/accused- Ram Kishore Athya on bail.

The appellant/accused- Ram Kishore Athya has been convicted under Sections 147, 148 and 302 r/w 149 of IPC and sentenced to undergo rigorous imprisonment for one year, rigorous imprisonment for two years with fine of Rs. 1,000/- and life imprisonment with fine of Rs. 10,000/- respectively with default stipulations.

Prosecution case is that on 21.12.2008, the deceased Girish Sonkia was travelling by car along with other persons from Bhopal to Bathyagarh District- Damoh. On Bhopal-Raisen, at Mama Dhaba, a black colored Tata Safari Car overtook the car of the victim and appellant/accused-Ram Kishore along with other persons armed with country-made firearm and sharp edged weapons attacked Girish Sonkia. Girish Sonkia succumbed to the injuries. An offence was registered. During investigation, the appellant/accused- Ram Kishore Athya remained absconded and he was arrested on 14.11.2017 and put to trial and

convicted and sentenced as above.

The Public Prosecutor has opposed the prayer and also argued that he remained absconded for a period of 9 years.

Jitendra Singh Lodhi (PW-10 ) is the eye-witness of the incident and he has identified the appellant/accused- Ram Kishore Athya and described the role of the appellant/accused in the incident.The other grounds raised on behalf of the appellant/accused will be considered at the stage of final hearing.

Considering paragraph-21 of the impugned judgment, in this backdrop, at present, we are not inclined to suspend the execution of sentence and enlarge the appellant/accused- Ram Kishore Athya on bail. Hence, IA No. 2215 of

2024 is rejected.

                               (RAVI MALIMATH)                                       (GAJENDRA SINGH)
                                 CHIEF JUSTICE                                            JUDGE

                          PG