Raja @ Rajaram vs The State Of Madhya Pradesh
2025 Latest Caselaw 5552 MP

Madhya Pradesh High Court

Raja @ Rajaram vs The State Of Madhya Pradesh on 13 March, 2025

                                                             1                                CRA-7697-2021
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                     CRA No. 7697 of 2021
                                           (RAJA @ RAJARAM Vs THE STATE OF MADHYA PRADESH )



                          Dated : 13-03-2025
                                Shri Yash Bhawsar - Advocate for the appellant.
                                Shri H.S.Rathore - Government Advocate for the respondent/State.

Heard on I.A.No.3438/2025 which is second application under Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 filed on behalf of the appellant Raja @ Rajaram for grant of bail and suspension of remaining jail

sentence.

2. Appellant stands convicted vide judgment dated 15.09.2017 passed by the learned Additional Sessions Judge, Bagli District Dewas in Session Trial No. 35/2015 under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 5000/- and default stipulation.

3. Learned counsel for the appellant is pressing this application mainly on the ground of custody as the appellant is in jail since 20.10.2014 and has put in more than 10 years of jail incarceration. This appeal is of the year 2021 and there is no likelihood of its early hearing, therefore, in light of the

judgment of the Apex Court in the case of Sudan Singh V/s. State of U.P. [SLP (Crl.) No.4633/2021, decided on 05.10.2021, the jail sentence of appellant is liable to be suspended. Hence, it is prayed that the application be allowed and appellant be released on bail.

4. Per contra, learned counsel for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

2 CRA-7697-2021

5. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties and taking note of the fact that appellant has completed more than 10 years of jail incarceration and that final conclusion of this appeal will take considerable time, we deem it appropriate to suspend the remaining jail sentence of the appellant.

6. Accordingly, I.A.No.3438/2025 is allowed and the execution of remaining jail sentence of the appellant is hereby suspended till the final disposal of this appeal. It is directed that the appellant - Raja @ Rajaram be released on bail subject to depositing the fine amount, if not already deposited and upon furnishing a personal bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with one solvent surety of the like amount

to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 07.05.2025 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified copy, as per rules.

                              (SURESH KUMAR KAIT)                                  (VIVEK RUSIA)
                                  CHIEF JUSTICE                                        JUDGE
                          vidya