Madhya Pradesh High Court
Raja @ Rajesh And Anr. vs The State Of Madhya Pradesh on 21 February, 2022
Author: Pranay Verma
Bench: Pranay Verma
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THE HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
(D.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA AND HON'BLE Mr.
JUSTICE PRANAY VERMA JJ.)
Criminal Appeal No.1024/2011
(Raja@ Rajesh and another V/s. State of M.P.)
Indore, Date: 21.02.2022:
Shri Yogesh Kumar Gupta, learned counsel for the appellant
No.2.
Shri Sudhanshu Vyas, learned Govt. Advocate for the
respondent/State.
Heard on I.A. No.172/2022, which is repeat third application filed under section 389 (1) of the Cr.P.C for suspension of sentence of appellant no.2- Toofan Singh, who has been convicted under section 302 of the IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/-.
Learned counsel for the appellant submits this appellant is having parity with appellant no.1 Raja@ Rajesh whose sentence has been suspended vide order dated 04.12.2021. It is not in dispute that the allegations against both the appellants are identical. They both have caused multiple stab injuries to the deceased. They are in custody since date of arrest. They have completed more than 13 years incarceration.
The prayer is opposed by the learned counsel for the respondent/State.
Keeping in view the order passed on 04.12.2021 and the parity of this appellant with appellant no.1, I.A. No.172/2022 application for suspension of sentence is allowed. The execution of jail sentence of appellant no.2 Toofan Singh is hereby suspended and it is ordered that the appellant no.2 be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial
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Court.
The appellant shall mark his presence before the registry concerned trial Court on 26/09/2022 and on all such subsequent dates, which are fixed in this regard by the court concerned.
I.A. No.172/2022 stands disposed of. List the appeal for final hearing in due course. Certified copy as per rules.
(VIVEK RUSIA ) (PRANAY VERMA)
JUDGE JUDGE
Ajit
AJIT Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, KAMALASA
2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241eff ad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1EE901C 09EF29, serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E0 NAN 817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.02.22 18:42:33 +05'30'