Rajaram vs State Of M.P.
2021 Latest Caselaw 2681 MP

                                             1
                                                                                    CRA No.659/2021

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
             Criminal Appeal No.659/2021
Indore, Dated 24.06.2021
         Hearing through Video Conferencing.

         Mr. Vivek Singh, learned counsel for appellant No.1 Rajaram

s/o Champalal Sirvi and appellant No.2 Sanjay s/o Rajaram Sirvi.

         Mr. Ram Shastri, learned Panel Lawyer for the respondent /

State of Madhya Pradesh.

Heard on IA No.7248/2021, first application under Section

389 (1) of the Code of Criminal Procedure, 1973 for suspension of

jail sentence and grant of bail filed on behalf of appellant No.1

Rajaram s/o Champalal Sirvi and appellant No.2 Sanjay s/o Rajaram

Sirvi.

The present appellants have been convicted and sentenced by

learned Special Judge (under SC ST Act) West Nimar Mandleshwar,

District West Nimar (MP) in Special Sessions Trial No.30/2011 vide

judgment dated 20.01.2021, as under: -

              Conviction                                Sentence
    Section            Act              RI        Fine amount      Imprisonment in lieu of fine
   147         IPC           1 years             Rs.200/-          3 months RI
   307/149 (4 IPC            10 years            Rs.2,000/-        2 years RI
   counts)

Counsel for the appellant (s) has submitted that the names of

the present appellants do not find any mention in the FIR Ex.P/1. It

is further submitted that it is alleged that the appellant No.1 Rajaram

was having gun in his hand at the time of incident, however, there is

CRA No.659/2021

no gun shot injury to any of the injured persons and the allegation is

only of exhortation. Appellant No.2 Sanjay is also stated to be

present on the spot, however, only omnibus allegations have been

levelled against him and it is stated that he was having a stick in his

hand. Thus, it is submitted that the present appellants be released on

bail and their application for suspension be allowed.

Counsel for the respondent / State, on the other hand, has

opposed the prayer.

Having considered the rival submissions and on perusal of the

record as also the impugned judgment and taking note of Ex.P/1 FIR

as also the depositions of the witnesses, it would be expedient to

allow the present application for grant of suspension of jail sentence.

Accordingly, without expressing any opinion on merits of the

case, IA No.7248/2021 is allowed and it is directed that upon

depositing fine amount, if any, and on furnishing a personal bond by

each of the appellants in the sum of Rs.25,000/- (Rupees twenty

five thousand only) with a solvent surety in the like amount to the

satisfaction of the learned trial Court, for their regular appearance

before concerned trial Court, the execution of the custodial part of

the sentence imposed against the appellant (s) shall remain

suspended, till the final disposal of this appeal.

The appellant (s), after being enlarged on bail, shall mark his /

her presence before the concerned trial Court on 20.04.2022 and on

CRA No.659/2021

all such subsequent dates, as may be fixed by the concerned Court in

this regard.

It is also observed that if the appellant (s) is found in any of

the criminal activities, after his / her release on bail / suspension of

sentence, then the present bail / suspension order shall stand

cancelled without further reference to this Court; and the State /

prosecution will be free to arrest the accused in the present case also.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.06.26 17:33:56 +05'30'