RAGHUWAR SINGH Vs. STATE OF MADHYA RADESH

JUDGEMENT

(1.) I.A.No.1258/16, an application filed under Section 482 of Cr.P.C., on behalf of the State, seeking recall of the order dated 13/3/2015 granting suspension of sentence to the appellant is taken up and considered.

(2.) Learned counsel for the rival parties are heard.

(3.) Learned counsel for the State in support of the said I.A., seeking recalling of the interim order passed for suspension of sentence earlier by this court in favour of the accused/appellant Raghuvar on 13/3/2015, contends that the appellant suppressed material fact of dismissal of similar application for suspension of sentence of co-convicted, namely Raju Sharma @ Rajendra by the coordinate bench of this court on 22/7/2011 in Cri. Appeal No. 541/04 and the same having been upheld by the Apex court on 27/4/2012. It is further submitted by the State that the appellant is guilty of further suppression by not disclosing the factum of the same co-convicted Raju Sharma @ Rajendra having again applied for suspension of sentence unsuccessfully before the coordinate bench of this court, which led to dismissal of the repeat application on 18/9/2015 in Cri. Appeal No. 541/04, whereby the said repeat application was rejected on the ground of dismissal of earlier application on 22/7/2011 of the same co-convicted person and the same was affirmed by the Apex court, by dismissal of SLP (Cri) 451/16 by order dated 19/1/2016 whereby the Apex court without discussing the merits of the matter dismissed the SLP with a direction to the High Court to expedite Cri. Appeal No.541/04, within four months and if the same does not happen then liberty was granted to the said co-convicted Raju Sharma @ Rajendra to seek bail.