Harbhajan vs The State Of Madhya Pradesh
2024 Latest Caselaw 14285 MP

Madhya Pradesh High Court

Harbhajan vs The State Of Madhya Pradesh on 15 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 1852 of 2021 (HARBHAJAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 15-05-2024 Shri Rajmani Bansal - Advocate for appellant No.2.

Shri Anshu Gupta - Advocate for appellants Nos.3 to 6. Shri Ravindra Singh Kushwaha - Deputy Advocate General for State. Heard on I.A. No.9306/2024, second application under Section 389 (1) of Cr.P.C. for suspension of sentence moved on behalf of appellant No.2 - Atar Singh, I.A.No.9282/2024, first application under Section 389(1) of

Cr.P.C. for suspension of sentence moved on behalf of appellant No.6 - Bharat Singh and I.A.No.9373/2024, second application under Section 389 (1) of Cr.P.C. for suspension of sentence moved on behalf of appellant No.4

- Pravesh.

Prosecution case, in short, is that, on 13.09.2013, Ramlakhan was going from Binaganj to his home in Sopura on a motor cycle. On the way, the appellants came in a Maruti 800 car and dashed the motor cycle of the deceased due to which he fell down on the field. Thereafter, they came out with deadly weapons and started assaulting him and caused his death.

Looking to the nature of injuries as well as multiple fractures as discussed in para Nos. 9 & 10 of the judgment and the role attributed to the present appellants, we are not inclined to grant benefit of suspension of sentence to the appellants No.2, 4 & 6. They have no parity with appellant No.1 - Harbhajan who has been granted bail only on the ground of age i.e. 70 years.

Ac c o r d in g ly, I.A. No.9306/2024, I.A.No.9282/2024 and I.A.No.9373/2024 are dismissed.

                            (VIVEK RUSIA)       (RAJENDRA KUMAR VANI)
                                JUDGE                   JUDGE
                          Aman