1 THE HIGH COURT OF MADHYA PRADESH CRA No. 5770/2017 (RAMDEEN AND ANOTHER Vs THE STATE OF MADHYA PRADESH) Gwalior, dated : 24.06.2022 Shri A.K. Jain, learned counsel for appellants. Shri Nirmal Sharma, Counsel for State.
Heard on I.A. No. 4653/2019, this is second application under Section 389 (1) of Cr.P.C. for suspension of sentence filed by appellant No.2-Ramsevak.
The appellant No.2 has been convicted and sentenced as under:-
Section Conviction Fine 364-A/149 of Life imprisonment Rs.50,000/- IPC and 11/13 of MDVPK Act
It is the submission of learned counsel for the appellants that the trial Court erred in convicting the appellant No.2 and awarding jail sentence. He referred testimony of complainant Sushil Rathi (PW/3) and his wife Smt. Minakshi Rathi (PW/4), who did not support the story of prosecution and the course of events were not proved beyond reasonable doubt. He further referred judgment dated 12.05.2020 passed in criminal appeal No. 5771/2017 and criminal appeal No. 5845/2017 to bring home the fact that another part of present event 2 consisting of offence under Section 307 of IPC alongwith other incidental offences, acquittal has been recorded by Single Bench of this Court. He seeks parity. He also referred order dated 08.03.2019 passed in criminal appeal No. 5572/2017 in case of co-accused Banti and he further seeks parity. Hearing of appeal shall take time and he has a good case on merits. On these grounds, prayer for suspension of sentence has been made out.
Learned counsel for the State opposed the prayer and prayed for its dismissal.
Heard the learned counsel for the parties at length and considered the arguments advanced by them.
Considering the submissions advanced by the counsel for the parties and overall facts and circumstance of the case, without commenting on the merits of the case as there is no possibility of early hearing of this criminal appeal, hence, I.A. No. 4653/2019 is allowed subject to deposit of fine amount and it is ordered that on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) by appellant No.2 with two solvent sureties of Rs.50,000/- each to the satisfaction of the concerned trial Court, jail sentence of appellant No.2 shall remain suspended till disposal of this appeal and he be released on bail. 3
The appellant No.2 is further directed to remain present before the Registry of this Court on 12.12.2022 and, thereafter, on such subsequent dates as may be fixed by the Registry.
Application (I.A.No. 4653/2019) stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules/directions.
(Anand Pathak) (G.S. Ahluwalia)
Judge Judge
Aman
AMAN TIWARI
2022.06.25
11:27:33 +05'30'