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Madhya Pradesh High Court
Rohit @ Rahul vs The State Of Madhya Pradesh on 13 March, 2026
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 CRA-797-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 797 of 2021
(ROHIT @ RAHUL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 13-03-2026
Shri Vivek Singh - Senior Advocate assisted by Shri Harshit Tiwari -
Advocate for the appellant(s).
Shri Sonal Gupta - Additional Advocate General for the
respondent/State.
Heard on I.A No.11817/2025, which is second application under
Section 430 of the BNSS for grant of suspension of jail sentence filed on
behalf of appellant No.1 Rohit @ Rahul. Earlier application was dismissed as
withdrawn vide order dated 15.02.2024.
2. As per prosecution story on dated 12-11-2010 complainant
Rakesh had orally stated at the M.Y. Hospital that he is having a Paan Shop
at Asravat Fat, Saatmil which he has given to one Mahendra Gurjar on rent,
because of which from the past 3-4 days Arjun Patil was threatening him that
on the point of rented Paan Shop one Antarsingh Patel threatened the
complainant's brother deceased Lakhan that his brother had given the paan
shop on rent due to which Antarsingh was offended and threatened them that
he will kill them. It is further alleged that on the same day at about 8:30
complainant & his brother were at their house, at that time accused Arjun
Patel approached them with a Gupti (गुि ) in his hand, Toofan Singh is
having an iron rod, Deepak is carrying a hockey stick, Malkhan S/o Narayan
is carrying a sword, Rahul Patel is carrying a stagger and around 20-25
2 CRA-797-2021
people along with the accused person approached & attacked them by
looking at this complainant Rakesh, Rahul, Kundan tried to settle down the
matter. In response Toofan Singh gave a blow to the complainant with an
iron rod, Narayan gave a blow to Rahul with a sword & Deepak gave a glow
to Kundan with a hockey stick. After the incidence complainant took
deceased Lakhan to Kundal hospital from there they took him to M.Y.
Hospital from an ambulance -108 where the doctors declared him dead.
3. Learned counsel for the appellant submits that identically placed
co-convict Malkhan Singh S/o Dule Singh has been granted suspension of
sentence vide order dated 27.08.2024 passed in CRA No.1460/2021. He
argued that the case of the present appellant is better than him as per the
testimony of PW-3 Rahul it was alleged that the Malkhan Singh had caused
injury to the deceased with the help of sword, whereas he repose that the
present appellant had caused injury to the deceased with the help of baseball
stick. He further submitted that the aforesaid allegation was omission as the
same was not made in the statement under Section 161 of the Cr.P.C. He also
stated that present appellant was on bail during trial. Final hearing of the
appeal will take considerable long time hence, he prays for suspension of jail
sentence.
4. Per contra, learned counsel for the respondent/State has opposed the
application.
Heard learned counsel for the parties.
5. This Court taking into consideration that identically placed co-
convict Malkhan Singh has already been granted suspension of jail sentence
3 CRA-797-2021
in CRA No.14060/2021 and the allegation against the appellant as per the
eye witness PW-3, his causing injury with the help of baseball stick, without
commenting on the merits of the case, we deem it expedient to suspend the
remaining jail sentence of the present appellant.
6. Accordingly, I.A. No.11817/2025 stands allowed. The execution
of remaining jail sentence of appellant No.1 - ROHIT @ RAHUL shall
remain suspended during the pendency of the appeal and he be released on
bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand Only) with one solvent surety in the like amount to the
satisfaction of the trial Court and on depositing the fine amount (if not
already deposited) with a further direction to appear before the Registry of
this Court on 14.05.2026 , and thereafter, on all subsequent dates as may
be fixed by the Registry in this regard during the pendency of the appeal.
Certified copy, as per Rules.
(VIJAY KUMAR SHUKLA) (ALOK AWASTHI)
JUDGE JUDGE
akanksha
