Raju @ Babua @ Totvari @ Brajesh vs The State Of Madhya Pradesh
2025 Latest Caselaw 4111 MP

Madhya Pradesh High Court

Raju @ Babua @ Totvari @ Brajesh vs The State Of Madhya Pradesh on 6 February, 2025

                                                               1                                CRA-9071-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 9071 of 2023
                                    (RAJU @ BABUA @ TOTVARI @ BRAJESH Vs THE STATE OF MADHYA PRADESH )



                         Dated : 06-02-2025
                               Shri Ashok Jain, Advocate for appellant.

                               Shri Vijay Sundaram, Government Advocate for respondent.

Heard on I.A. No. 23681 of 2023 which is an application on behalf of the appellant for suspension of sentence and grant of bail.

Appellant is facing sentence by virtue of judgment dated 15.05.2023

passed by the Special Judge, MPDVPK Shivpuri, District Shivpuri, whereby he has been convicted for offence under Sections 365/34, 395,396 and 201/34 of the IPC and sentenced to three years R.I., life imprisonment, life imprisonment and three years respectively and fine of Rs. 8000/- with default stipulations.

Learned counsel appearing for respondent has opposed the present application by submitting that accused persons looted 320 sugar bags by using fake number plate on Inova Car. Moreover, the recovery has been affected from the accused persons. Thus, the present case is of double

murder and the same was pre-planned. Thus, no leniency could be shown to the appellant and the application deserves to be dismissed.

The undisputed facts are that there were total six accused out of them two have been acquitted. PW-4 and PW-5 are seizure witnesses who have been declared hostile. PW-1 who is the truck owner has also been declared hostile.

2 CRA-9071-2023 Counsel appearing on behalf of the appellant submitted that the alleged incident took place on 15.09.2011. The arrest was made on 29.09.2011 only after the lodging of FIR on 20.09.2011 by PW -7 because he found a dead body in an abandoned place. It is also undisputed that the recovery of the sugar bags was not produced in the court despite the fact that 160 sugar bags was alleged to be recovered at the instance of PW-6 and so also from another accused as is evident from the statement of PW-10.

Having heard the counsel for parties without commenting upon the merits of the case, we deem it appropriate to allow the present application.

It is ordered that the jail sentence imposed upon the appellant shall remain suspended during the pendency of the appeal and he is directed to be

released on bail on he furnishing a personal bond in the sum of Rs.15,000/- (Rupees Fifteen Thousands only) with one solvent surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this court on 14.05.2025 and thereafter on such other subsequent dates as may be fixed by the Registry in that behalf.

Accordingly, the application for suspension of sentence is allowed and disposed of.

                               (SURESH KUMAR KAIT)                             (ANAND PATHAK)
                                   CHIEF JUSTICE                                   JUDGE
                         MSP