Rughnath Alias Raghunath vs The State Of Madhya Pradesh
2025 Latest Caselaw 5651 MP

Madhya Pradesh High Court

Rughnath Alias Raghunath vs The State Of Madhya Pradesh on 18 March, 2025

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                1                                CRA-2746-2025
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                        CRA No. 2746 of 2025
                                 (RUGHNATH ALIAS RAGHUNATH AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 18-03-2025
                                 Shri Bhavesh Tiwari - Advocate for the appellants.

                                 Shri Sudeep Bhargava - Dy. Advocate General for the
                           respondent/State.

Heard on the question of admission.

Admit.

Let record of Court below be requisitioned.

Heard on I.A. No.3718/2025, which is first application under Section 389(1) of the Code of Criminal Procedure, 1973 for temporary suspension of jail sentence filed on behalf of appellant no.2 - Sunil Singh on the ground of B.A. (IInd Year) Examination.

The appellants have been convicted vide judgement of conviction and order of sentence dated 21.02.2025 passed in S.T. No. 322/2021 by 2nd Additional Sessions Judge, Sarangpur Distt. Rajgarh as under:

Section Sentence Fine Default Sentence 149 IPC(2 RI for 06 Rs. 500/- Additional 15 days RI counts) months 148 IPC RI for 01 Year Rs. 1,000/- Additional 01 month RI Additional 06 months 302/149 IPC Life Imprisonment Rs. 5,000/-

RI Rs.500-

                           323/148(2 counts) RI for 03 months                 Additional 15 days RI
                                                                Rs.500
                                                                              Additional 02 months
                           325/149 IPC      RI for 02 Years     Rs. 2,000/-
                                                                              RI








                                                             2                              CRA-2746-2025

Learned counsel for the appellants submits that it is a case of false over implication where all the family members and relatives have been falsely implicated due to previous enmity between the parties. Appellant was not present on the spot of incident. Appellant no.2 - Sunil was aged 23 years at the time of arrest. He is a student of BA (IInd Year). He has to appear for the main examination scheduled to be held from the last week of March, 2025 as per the Time Table annexed alongwith list of documents dated 18.03.2025. Hence, jail sentence of the appellant may temporarily be suspended for a period of 60 days, so that he will appear in the examination.

Learned counsel for the State opposes the application for suspension of sentence on the ground of gravity of offence.

Heard, learned counsel for the parties and perused the record. In all 12 accused have been implicated for assaulting Govind, Laxminarayan and Lal Singh. Lal Singh succumbed to death attributable to the multiple injuries caused to him. Appellant no.2 - Sunil remained in custody from 18.06.2021 to 17.08.2023 i.e. total 781 days. He was on bail during trial. Appellant - Sunil is in custody from the date of impugned judgment i.e. 21.02.2025 Taking into the consideration the overall facts and circumstances of the case, but without commenting on merits of the case, this Court is of the opinion that although the appellant does not deserve to be released on temporary bail , but he may be permitted to appear in the BA(IInd Year) Examination in police custody. I.A. No. 3718/2025 is accordingly rejected.

However, it is directed that the concerned Jail Superintendent shall

3 CRA-2746-2025 facilitate the appellant no.2 - Sunil to appear in the BA (IInd Year) Examination as per the Time Table in police custody.

The concerned Superintendent of Police shall provide requisite police force to facilitate the appellant to appear in the examination as per the Time Table.

List for hearing in due course.

Certified copy, as per Rules.

                           (SUSHRUT ARVIND DHARMADHIKARI)                   (SANJEEV S KALGAONKAR)
                                     JUDGE                                           JUDGE
                           sh