Madhya Pradesh High Court
Ravindra vs The State Of Madhya Pradesh on 8 March, 2021
Author: Vivek Rusia
-1- CRA NO.2808/2019
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
CRA NO.2808/2019
Ravindra s/o Laxman vs. State of M.P
08.03.2021: (INDORE):
Shri C.P.Purohit, learned counsel for the appellant.
Ms.Vibha Bharuka, learned Panel Lawyer for the
respondent/State.
Heard on IA No.3152/20 & IA No.1988/21, second
repeat applications for suspension of sentence on behalf of
the appellant Ravindra.
The present appeal has been filed against judgment
dated 06.03.2019 passed by the III Additional Sessions
Judge, Barwani in Sessions Trial No.600092/2016 whereby
he has been convicted under section 397 of the IPC and
sentenced to seven years of R.I. with fine of 1,000/-; in
default of payment of fine further RI for six months.
As per prosecution story, the appellant and Pravin
inflicted the injuries on Pratap and looted his splendor motor
cycle. After seeing the villagers they fled away from the spot
and left the motor cycle near Deb river. They were arrested
and prosecuted. After completing the investigation challan
was filed by the police. In order to prove the charges the
prosecution examined as many as eight witnesses and in
defence nine witnesses were examined and four witnesses
denied their involvement.
-2- CRA NO.2808/2019
Learned counsel for the appellant has submitted that
there is a delay six hours in lodging the F.I.R. There was a
scuffle between the appellant and the complainant and both
sustained injuries. So far allegation of the loot of the motor
cycle is concerned he was been falsely implicated. After the
arrest the appellant was examined and as per the medical
report he also sustained the injuries. Learned counsel further
submits that the Investigation Officer has admitted that he
did not inquire about the ownership of the motor cycle. It is
also not the case of the complainant that he is the owner of
the motor cycle. In fact, in the Court statement he has failed
to disclose the number of the looted motor cycle. There are
other omission and contradictions pointed out by the learned
counsel for the appellant for which he may get acquittal in
this appeal. It is further submitted that at the time of
commission of offence the appellant was 19 years of age
with no criminal past. He is in jail since last two years and
there is no possibility of final hearing of this appeal in near
future. If the sentence of the appellant is not suspended then
his custody with hardcore criminals may spoil his future.
The application for suspension of sentence on behalf of the
co-accused Pravin has been allowed by this Court on
04.02.2021 in CRA No.2859/19. Under these circumstances,
learned counsel for the appellant prays for suspension of
remaining jail sentence of the appellant and prays for grant
of bail to the appellant.
-3- CRA NO.2808/2019
Learned counsel for the respondent/State opposes the
application submitting that no sufficient ground is made out
for releasing the appellant on bail, hence the application filed
by the appellant be dismissed.
Considering the facts and circumstances of the case and
the arguments advanced by learned counsel for the parties,
this Court is of the considered opinion that the applications
for suspension of custodial sentence moved on behalf of the
appellant deserve to be allowed.
Accordingly, applications are allowed and it is directed
that subject to depositing fine amount and on furnishing
personal bond by the appellant in the sum of Rs.40,000/-
(Rupees Forty Thousand only) with one solvent surety in
the like amount to the satisfaction of the learned trial Court
for his appearance before the Court, the execution of
custodial part of the sentence shall remain suspended, till the
final disposal of this appeal.
The appellant after being enlarged on bail shall mark
his presence before the registry of this Court on 31/01/2022
and on all such subsequent dates, which are fixed in this
regard by the Registry.
IA No.3152/20 & IA no.1988/21 stand disposed of.
List the appeal for final hearing in due course.
Certified copy as per rules.
(VIVEK RUSIA)
hk/ Digitally signed by Hari Kumar JUDGE
Nair
Date: 2021.03.08 17:36:36 +05'30'
