Madhya Pradesh High Court
Krishna @ Radhe @ Jija vs The State Of Madhya Pradesh on 14 February, 2025
1 CRA-3938-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 3692 of 2024
(SHEKHAR Vs THE STATE OF MADHYA PRADESH )
CRA/3808/2024, CRA/3938/2024
Dated : 14-02-2025
Shri Ashish Gupta, learned counsel for the appellants in CRA
No.3692/2024 & CRA No.3808/2024.
Shri Amit Kumar Washinde, learned counsel for the appellant in CRA
No.3938/2024.
Shri Virendra Khadav, learned Public Prosecutor for the
respondent/State.
Heard on I.A.No.1667 of 2025 , second application under Section 389
(1) of Code of Criminal Procedure, 1973 = 430 of Bharatiya Nagarik Suraksha
Sanhita, 2023 for suspension of remaining jail sentence and grant of bail on
behalf of appellant Shekhar.
Also heard on I.A.No.930 of 2025 , second application under Section
389 (1) of Code of Criminal Procedure, 1973 = 430 of Bharatiya Nagarik
Suraksha Sanhita, 2023 for suspension of remaining jail sentence and grant of
bail on behalf of appellant Sonu @ Lakhan.
Also heard on I.A.No.1687 of 2025 , second application under Section
389 (1) of Code of Criminal Procedure, 1973 = 430 of Bharatiya Nagarik
Suraksha Sanhita, 2023 for suspension of remaining jail sentence and grant of
bail on behalf of appellant Krishna @ Radhe @ Jija.
First applications of all the appellants were dismissed as withdrawn
2 CRA-3938-2024
vide order dated 28.07.2024. Vide judgment of conviction and order of
sentence dated 04.03.2024 passed in Sessions Trial No.157 of 2021 by
learned 1st Additional Sessions Judge, Barwani, Dist. Barwani (MP), all the
appellants stand convicted under Section 392 r/w 34 of Indian Penal Code,
1860 and sentenced to undergo 7 years RI with fine of Rs.1000/- with usual
default stipulation. Appellant Krishna @ Radhe @ Jija also stands convicted
under Section 25(1-A) of Arms Act and sentenced to undergo 7 years RI
with fine of Rs.1000/- with default stipulation.
Learned counsel for the appellants, while taking exception to this
impugned judgment, submits that appellants are innocent and they have been
falsely implicated in this matter. Trial Court has not appreciated the evidence
in its right perspective. There are material contradictions and omissions in
the statement of the witnesses. Impugned judgment suffers from surmises
and conjectures. Appellant Shekhar has undergone the jail incarceration
period from 12.07.2021 to 07.12.2021 and thereafter from the impugned
judgment i.e. 04.03.2024, appellant Sonu @ Lakhan has undergone the jail
incarceration period from 04.07.2021 to 27.10.2021 and thereafter from the
impugned judgment i.e. 04.03.2024 and appellant Krishna @ Radhe @ Jija
has undergone the jail incarceration period from 12.07.2021 to 04.12.2021
and thereafter from the impugned judgment i.e. 04.03.2024. It is further
submitted that the appeal being of the year 2024 is not likely to be heard
finally in near future. There is a strong case in favour of the appellants.
Hence, under such circumstances prayer is made for suspension of jail
sentence and grant of bail.
3 CRA-3938-2024
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellants. He further submits that one case under Section
323 of IPC along with some other cases have been registered against the
appellant Shekhar and prays for dismissal of the applications.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid factual backdrop, coupled with the period of
incarceration, all the facts and circumstances of the case coupled with the
fact that possibility of final hearing of this appeal in near future is bleak,
without expressing any conclusive opinion on merits, I find it to be a fit case
to suspend the remaining custodial sentence of the appellants.
Accordingly, I.A.Nos.1667 of 2025, 930 of 2025 and I.A.No.1687 of
2025 are allowed. Subject to deposit of fine amount, if not already deposited
the remaining jail sentence during the pendency of the appeal is hereby
suspended and it is directed that appellants be released on bail on their
furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand
Only) each with separate local solvent surety of the like amount to the
satisfaction of learned trial Court for their appearance before the Registry of
this Court on 25.03.2025 and on all such subsequent dates, which are fixed
in this regard.
Accordingly, the said IAs are disposed off.
4 CRA-3938-2024
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
soumya
