Madhya Pradesh High Court
Ramkishan Vishwakarma vs The State Of Madhya Pradesh on 1 July, 2021
Author: Rajendra Kumar Srivastava
1 CRA-1609-2018
The High Court Of Madhya Pradesh
CRA-1609-2018
(RAMKISHAN VISHWAKARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
28
Jabalpur, Dated : 01-07-2021
Heard through Video Conferencing.
Shri Satyam Agrawal, Advocate for the appellant.
Shri Brajendra Kushwaha, P.L. for the respondent-State.
Detention report of the appellant has been received.
Record of the trial Court has been received.
Heard on the question of admission.
Appeal is admitted for final hearing.
Heard on I.A. No.11649/2020 an application for suspension of
execution of sentence awarded to the appellant-Ramkishan Vishwakarma
and grant of bail.
Vide judgment dated 14.02.20218 in S.T. No. 23/2017 passed by
learned 1st A.S.J. Tikamgarh, Distt.-Tikamgarh, M.P., the appellant has
been convicted for the offence punishable under Sections 25(1)(a) of
Arms Act and sentenced him to undergo R.I. for 5 years with a fine of Rs.
10,000/- and under Section 5 of Explosive Substance Act and sentenced
him to undergo R.I. for 10 years with a fine of Rs. 15,000/- with default
stipulation in each.
As per prosecution case, on dated 24.10.2016 an information has been
received by the police through informer that the appellant alongwith other co-
accused persons are manufacturing and selling the illegal arms. On that, police
reached the spot and made a raid over there and recovered material used for
preparation of arms and explosive substance. After completing due
formalities, the appellant was taken into custody and police has registered the
aforesaid offence against the appellant and other co-accused person.
Signature Not Verified
SAN
Learned counsel for the appellant submits that learned Trial Court
Digitally signed by PALLAVI SINHA
Date: 2021.07.01 17:52:12 IST
2 CRA-1609-2018
ha s committed grave error to convict and sentence to the appellant-
accused. Learned Trial Court did not appreciate the evidence in
perspective way. No arms and explosive was seized from the exclusive
possession of the present appellant. Independent witnesses Ashok Kumar
Goswami (PW-5) and Juglesh Kushwaha (PW-6) did not support the
case of prosecution. Evidence of police official is not wholly reliable.
There are material contradiction and omission in the evidence of
prosecution witnesses. Apart from this, appellant-accused has served
almost half of jail sentence. The execution of jail sentence of other co-
accused have already been suspended by the Court and have been
released on bail vide order dated 02.08.2019. Appellant-accused has
remained in jail during trial from 25.10.2016 to 14.04.2017 and is in jail
since 14.02.2018. So, he has served his substantial jail sentence. There
is every possibility to succeed in this appeal. This appeal is of year
2018. It is the time of COVID-19 due to which final hearing of this
appeal will take time. There is no likelihood of his absconding and
tampering with the evidence. Under the circumstances, if the execution of
sentence of the appellant is not suspended, his right to file appeal will be
futile. Hence, prayer is made for suspension of jail sentence and grant of
bail to the present appellant-accused.
On the other hand, learned Panel Lawyer for the respondent-State
opposes the submission of appellant's counsel and prays for rejection of
application.
Heard and perused the record.
Having considered the arguments advanced by learned counsel for
the parties and looking to the fact that appellant-accused has remained in
jail during trial from 25.10.2016 to 14.04.2017 and is in jail since
14.02.2018, so he has served substantial jail sentence, execution of other
Signature Not Verified
SAN
co-accused has already been suspended and they have been released on
Digitally signed by PALLAVI SINHA
Date: 2021.07.01 17:52:12 IST
3 CRA-1609-2018
bail by this Court, appellant is not previously convicted, this appeal is of
year 2018, it is the time of COVID-19 due to which final hearing of this
appeal will take time. due to which final hearing of this appeal will take
time but without commenting anything on the merits of the case, the said
I.A. is allowed.
It is ordered that subject to payment of fine amount, if not already
deposited, the execution of jail sentence of the appellant-Ramkishan
Vishwakarma shall remain suspended during the pendency of this appeal
and he be released on bail on his furnishing a personal bond for a sum of
Rs. 50,000/-(Rupees Fifty Thousand Only) with one solvent surety in
the same like amount to the satisfaction of the trial court for his
appearance before the learned trial court on 13.09.2021 and thereafter on
all other such subsequent dates, as may be fixed by the trial court in this
regard.
In case, the appellant is found absent on any date fixed by the trial
court then the said court shall be free to issue and execute warrant of
arrest without referring the matter to this Court, provided the Registry of
this Court is kept informed.
Further, in view of the order passed by the Hon'ble Supreme Court
in suo moto W.P.No.1/2020, it would be appropriate to issue the
following direction to the jail authority:-
1. The Jail Authority shall ensure the medical examination of the
appellant by the jail doctor before his release.
2 . The appellant shall not be released if he is suffering from
'Corona Virus disease'. For this purpose appropriate tests will be carried
out.
3 . If it is found that the appellant is suffering from 'Corona Virus
disease', necessary steps will be taken by the concerned authority by
placing him in appropriate quarantine facility.
Signature Not Verified
SAN
Digitally signed by PALLAVI SINHA
Date: 2021.07.01 17:52:12 IST
4 CRA-1609-2018
List this matter for final hearing in due course, as per listing policy.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
Pallavi
Signature Not Verified
SAN
Digitally signed by PALLAVI SINHA
Date: 2021.07.01 17:52:12 IST
