Ramkumar Mishra @ Vinay vs The State Of Madhya Pradesh
2021 Latest Caselaw 1248 MP

                                                                         1                              CRA-2194-2021
                                             The High Court Of Madhya Pradesh
                                                        CRA-2194-2021
                                          (RAMKUMAR MISHRA @ VINAY AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   2
                                   Jabalpur, Dated : 05-04-2021
                                          Shri Parag S. Chatruvedi, learned counsel for the appellants.
                                          Shri Himanshu Tiwari,          learned      Panel    Lawyer      for     the
                                   respondent/State.

The record of the trial Court has not been received as yet. Heard on I.A. No.5229/2021, which is an application U/S.389 (1) of

Cr.P.C. for suspension of the custodial sentence passed against appellants Ramkumar Mishra @ Vinay, Vijay Bahadur Singh, Devendra Tiwari, Rajkumar Singh and Sahab Singh @ Pehalwan Singh.

This appeal has been preferred against the judgment dated 2/3/2021 passed by learned Additional Session Judge, Jabalpur (M.P.) in S.T. No.40/2016 whereby learned Session Judge found appellants guilty for the offences punishable under Section 341, 148, 323/149 of IPC and sentenced each of them to undergo 1 month S.I. with fine of Rs.500/-, 6

months R.I. with fine of Rs.500/- & 6 months R.I. with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellants submitted that the trial Court has already suspended the jail sentence of the appellants till 8/4/2021. The trial Court without appreciating the evidence properly wrongly convicted the appellants for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Hence prayed for suspension of the jail sentence and release of the appellants on bail since the hearing of this appeal is likely to take long time.

On the other hand, learned counsel for the State opposed the prayer and submitted that the guilt of the appellants is proved beyond Signature Not Verified SAN reasonable doubt, therefore, learned trial Court has rightly convicted and

Digitally signed by VARSHA SINGH Date: 2021.04.05 15:57:07 IST 2 CRA-2194-2021 sentenced the appellants.

Looking to the facts and circumstances of the case and the short sentence of the appellants and the fact that trial court has already suspended the jail sentence of the appellants upto 08/04/2021, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellants Ramkumar Mishra @ Vinay, Vijay Bahadur Singh,

Devendra Tiwari, Rajkumar Singh and Sahab Singh @ Pehalwan Singh shall remain suspended during the pendency of this appeal and they be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with separate surety in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 23.08.2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Office is directed to call for the record of the trial Court. List the case for admission after four weeks. C.C. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE

VS

Signature Not Verified SAN

Digitally signed by VARSHA SINGH Date: 2021.04.05 15:57:07 IST