Ramaveer Pal vs The State Of Madhya Pradesh
2021 Latest Caselaw 8947 MP

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             The High Court of Madhya Pradesh
                                                        Cr.A.No.2563/2019

                Ramveer & Anr. Vs. State of M.P.
Gwalior dated 17.12.2021
       Shri Raju Singh Sikarwar, learned counsel for appellant No.2..
       Shri N.K.Gupta, learned Public Prosecutor for respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.10426/2020, repeat application u/Sec. 389(1) of Cr.P.C.

for suspension of sentence and grant of bail filed on behalf of appellant

No.2 - Mevaram @ Mevalal Baghel, is taken up and considered.

This criminal appeal assails the judgment dated 23 rd January,

2019 passed in S.T.No.100114/2011 by the Additional Sessions Judge,

Seonda Distt. Datia, whereby appellant has been convicted and

sentenced as under :-

      Sections (IPC)         Imprisonment                 Fine
364/120-B                Life Imprisonment       Rs.5,000/- with
                                                 default stipulation
201                      Five years RI           Rs.1,000/- with
                                                 default stipulation

It is submitted by learned counsel for the appellant that earlier

application has been dismissed as withdrawn. It is further submitted

that present case is of circumstantial evidence and only on the basis of

last seen evidence of Vijay Singh (PW-6), Narayani Bai (PW-7) and

Rambabu (PW-8) appellant has been implicated in the case. Out of the

aforesaid witnesses, Narayani Bai (PW-7) and Rambabu (PW-8) have

not supported the prosecution case and have been declared hostile.

Even otherwise, they admitted in their statements that their source of

information is Vijay Singh. Vijay Singh (PW-6) has though stated that

The High Court of Madhya Pradesh Cr.A.No.2563/2019

he has last seen the deceased in the company of appellant along with

other accused, but he has stated that he was informed about the

aforesaid facts by Ramesh Jatav, who was not examined by the

prosecution. However, he was examined by the defence as DW-2 and

he has specifically stated that on 2.8.2010 he did not see Lakhan and

Narayani Bai accompanying accused Mevaram (appellant), Ramvir and

Kallu. Neither he saw aforesaid persons nor 7-8 others sitting in bolero

vehicle. He even did not see any bolero vehicle on the spot. He further

stated that he did not tell aforesaid facts to Vijay Singh (PW-6) and

Vijay Singh had told him that he will give Rs.20,000-25,000/- to him if

he will tell police personnel that he saw Lakhan and Narayani Bai

going along with accused Mevaram, Ramvir and Kallu. It is further

submitted that this Court vide order dated 8.12.2021 has granted

suspension of sentence to co-accused Kallu Bhadoriya in connected

Criminal Appeal No.2057/2019.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting anything on the merits of the case, IA.No.10426/2020 is

allowed and it is directed that jail sentence of appellant will remain

under suspension subject to verification that the amount of fine has

been deposited, on appellant's furnishing bail bond of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety of the like

The High Court of Madhya Pradesh Cr.A.No.2563/2019

amount to the satisfaction of concerned Trial Court for his appearance

before the Principal Registrar of this Court on 28th March, 2022 and

thereafter on such further dates as may be fixed by the office of this

Court in this regard till disposal of the appeal.

C.c. as per rules.

                   (Rohit Arya)                         (Deepak Kumar Agarwal)
                      Judge                                    Judge
ms/-

MADHU
SOODAN
PRASAD
2021.12.20
17:41:06 +05'00'