Rajkumar Upadhe @ Chhotu Maratha vs State Of Madhya Pradesh

Since the matter is taken up for hearing, I.A.No. 15861/2023 application for urgent hearing stands disposed of.

Heard on I.A. No. 15862/2023, which is first application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of the appellant - Rajkumar Upadhe @ Chhotu Maratha.

Appellant stands convicted vide judgment dated 20.04.2023 passed by the Fifth Additional Sessions Judge, Ujjain in S.T.No. 140/2016 for offence punishable under Section 302/34 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 1000/- and default stipulation.

The prosecution case found to be proved is that on 02.11.2015, the complainant informed that one Vijay Singh S/o Mahesh Singh was brutally beaten by Rajesh S/o Pop Singh Naik and was brought to the hospital where he was declared dead. The present appellant as well as co-accused Ravi Barik, Dharmendra Pal, Lakhan Bheda and Gazni all of them inflicted injuries on the deceased on 01.11.2015 at about 10:30 in the night.

Learned counsel for the appellant submits that appellant has not committed any offence and he has falsely been implicated in the case. There are contradictions and omissions in the statement of prosecution witnesses. There are two different versions made in the statements of witnesses. Ravi Naik (PW-2), Arun Rathore (PW-3), Rajesh Naik (PW-4) all turned hostile. Even Momraj (PW-1) has denied that he has seen the incidence. Co-accused Ravi @ Barik has been granted bail by this Court vide order dated 28.07.2023 in CRA No. 8048/2023. Final hearing of this appeal is not possible in near future since the appeal is of the year 2023, therefore, it is prayed that the remaining sentence may be suspended and the appellant may be released on bail.

Learned Government Advocate for the respondent/State has opposed the prayer and he prays for rejection of the application and he has stated that Momraj (PW-1) has deposed the overt act of all the accused persons and his cross-examination was conducted at a belated stage therefore, examination-in-chief would be read.

We have heard learned counsel for both the parties and perused the record.

Looking to the facts and circumstances of the case and considering the evidence available on record coupled with the fact that final disposal of this appeal is not possible in near future and on the ground of parity, without expressing any opinion on the merits of the case, I.A. No. 15862/2023 is allowed and jail sentence of the appellant is suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on 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 Trial Court. Appellant shall appear before the concerned Court firstly on 20.03.2024, and on such other dates, as may be fixed by the concerned Court in this regard, till final disposal of this appeal.

I.A.Nos.15862/2023 and 15861/2023 stand disposed of.

List the appeal for final hearing in due course.