Madhya Pradesh High Court
Rajendra Rathore vs The State Of Madhya Pradesh on 17 May, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 436 of 2022
(RAJENDRA RATHORE AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 17-05-2024
Shri Sanjay Gupta, learned counsel for the appellants.
Shri Man Singh Jadon, learned Public Prosecutor for respondent/State.
Heard on I.A. No.19873/2022 which is second repeat application filed on
behalf of appellant No.2-Premkishor Rathore filed under Section 389 (1) of
Cr.P.C. for suspension of sentence.
The present appellant stands convicted for the offence punishable under
Section 302 r/w Second 34 of IPC and sentenced to undergo Life
Imprisonment with fine of Rs.10,000/- and under Section 201 of IPC and
sentenced to undergo RI for 3 years with fine of Rs.5,000/- with default
stipulations vide impugned judgment 08.12.2021 passed by Eighth Additional
Sessions Judge, District Gwalior in S.T. No.145/2013.
As per prosecution story, the dead-body of Buddharam was found on
railway track on 13.06.2012 and FIR was lodged by Rakesh (PW-1), the son of
the deceased along with Virendra Singh Rathor (PW-9), the son-in-law of the
deceased. Just because there was dispute of property in respect of partition,
present appellant assaulted the deceased and thrown him on a railway track due
to which he died. Accordingly, case has been registered by the police.
Learned counsel for the appellant submits that the Virendra Singh
Rathore (PW-9) has been disbelieved by the trial Court. The statement of
Rakesh (PW-1) is also doubtful. When there was a dispute then there was no
reason to the deceased to go along with present appellant that too at early
morning at 04:00am on 13.06.2012 and rakesh (PW-1) who is aged about 35
years has permitted his aged father to go along with these three appellants with
whom he had a dispute. Therefore, prima facie the story of prosecution
appears to be doubtful. Appellant has suffered three years of incarceration. The
appellant was on bail during the trial and he did not misuse the liberty so granted
to him. The appeal is of the year 2022 and final hearing would likely to take long
time, hence, remaining sentence of the appellant be suspended.
Public Prosecutor opposes the prayer and prays for its rejection.
Considering the overall facts and circumstances of the case and the
arguments advanced by counsel for the parties, final conclusion of the appeal
will still take sufficient long time, we deem it proper to suspend the remaining
custodial sentence of the appellant no.2-Premkishor Rathor. Accordingly, I.A.
No.19873 of 2022 stands allowed. The execution of remaining jail sentence of
the appellant no.2-Premkishor Rathor is hereby suspended and it is ordered
that the appellant be released on bail upon his furnishing a personal bond in the
sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the
like amount to the satisfaction of the trial Court and subject to depositing the
fine amount (if not already deposited) with a further direction to appear before
the Registry of this Court on 12.08.2024 and also on such other dates, as may
be fixed by the Registry of this Court in this regard during the pendency of this
appeal.
I.A. stands disposed of.
(VIVEK RUSIA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
Ashish*
