Madhya Pradesh High Court
Akhlesh vs The State Of Madhya Pradesh on 23 October, 2021
Author: Sushrut Arvind Dharmadhikari
1 CRA-1248-2018
The High Court Of Madhya Pradesh
CRA-1248-2018
(AKHLESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
20
Gwalior, Dated : 23-10-2021
Shri Sanjay Gujpta, learned counsel for the appellants.
Shri Kuldeep Singh, learned Public Prosecutor for the respondent/State.
Heard on I.A. No.23392/2021, which is first application for suspension of
sentence and grant of bail to the appellant No.2 Ramveer.
Th i s criminal appeal assails the judgment dated 31.01.2018 passed in
Sessions Trial No.110/2015 passed by the Additional Sessions Judge, Ambah,
District Morena, whereby the present appellant was convicted under Section 302/34
of IPC and sentenced to suffer life imprisonment with fine of Rs.5000/- and in
default to suffer additional R.I. for six months.
Prosecution story, as found proved, is that the complainant Ramdas made a
complaint on 01.10.2014 at 22.45 hours at the Police Station Ambah to the effect
that at about 8.00 in the evening he was sitting at the temple. His brother Malkhan
was going towards temple from home after having food, at that time, Ramveer,
Akhlesh and Dharm Singh, the persons of the same village, stopped him and started
abusing him and thereafter Ramveer assaulted him by lathi, which hit on his head.
Akhlesh Singh and Dharmsingh also hit him by lathi, which caused injuries on
different parts of his body. Thereafter they pushed him down and beat by kicks and
fists. When the complainant came to save him, they all ran away by abusing and giving
threat of dire consequences. On the basis of the aforesaid, an FIR has been registered
at Crime No.708/2014.
Learned counsel for the appellant No.2 submits that the learned trial Court has
erred in appreciating the evidence on record. Appellant No.2 is in custody for the last
seven years. Present appellant has falsely been implicated in the present case and the
prosecution evidence is not supported by medical evidence. All the eye witnesses are
the interested witnesses and the independent witnesses Bhagwan Singh and Kaptan
Singh did not support the prosecution evidence. Present appellant was on bail during
trial and he did not misuse the liberty so granted. Sentence of appellants No.1 and 3
namely Akhlesh and Dharmsingh has already been suspended by this court vide orders
dt.16.01.2020 and 13.03.2020 respectively. An early hearing of this appeal is not
2 CRA-1248-2018
possible and owing to COVID-19 outbreak, detention of appellant No.2 in already
congested prisons may be detrimental. He is ready to abide by the terms and
conditions as may be imposed by this Court. With the aforesaid submissions, prayer
for suspension of sentence is made.
Learned counsel for the State opposed the prayer by submitting that the Injury
No.1 is attributed to the present appellant. Ramdas (P.W.1) supported the
prosecution story and on such grounds, prays for dismissal of the application.
An early hearing of this case is not possible. Taking into consideration the
overall facts and circumstances of the case, but without expressing any opinion on
the merits thereof, the I.A. is allowed.
It is, therefore, directed that if appellant No.2 namely Ramveer deposits the
entire fine amount, if not already deposited, and furnishes a personal bond in the sum
of Rs.50,000/- (Rupees fifty thousand) with a solvent surety in the like amount to
the satisfaction of trial Court for his appearance before the Registry of this Court on
25th November, 2021 and on such subsequent dates as may be fixed in this regard,
sentences of imprisonment awarded to him shall remain suspended till further orders
and he shall be released on bail. The appellant No.2 shall furnish a written
undertaking that he will abide by the terms and conditions of various circulars, as
well as, orders issued by the Central Government, State Government and local
administration from time to time such as maintaining social distancing, physical
distancing, hygiene etc. to avoid proliferation of Corona virus.
Certified copy as per rules.
(S. A. DHARMADHIKARI) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
SP
SANJEEV
KUMAR PHANSE
2021.10.27
16:52:44 +05'30'
