Ramkesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 5649 MP

                                          1

        IN THE HIGH COURT OF MADHYA PRADESH
                                AT GWALIOR

                         CRA No. 1742 of 2022
                 (RAMKESH Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated:19.04.2022
      Shri Vijay Pratap Singh Tomar, learned counsel for the

appellant.

      Shri Ramadhar Choubey, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.6226/22, first application under Section 389

of Cr.P.C. filed by appellant - Ramkesh for suspension of sentence

and grant of bail.

Vide judgment dated 24.11.2021 passed by Special Judge,

Sheopur in S.T.No.67/2013 by which the appellant has been convicted

and sentenced as under:

Section Sentence Fine In default stipulation 399 of IPC 7 year R.I. Rs.5000/- 6 months RI 148 of IPC 2 years R.I. Rs.1,000/- 1 month R.I. 307/149 of 7 years R.I. Rs.5,000/- 6 months R.I.

      IPC
      25(1-B)    1 year R.I.      Rs.1,000/- 1 Month
      (A)     of
      Arms Act
      27     of 3 years R.I. Rs.2000/-        3 months R.I.
      Arms Act

During trial, appellant was in custody from 19.02.2013 to

28.05.2014, 17.05.2014 to 18.09.2014, 11.11.2021 to 24.11.2021 (592

days). After trial from the date of judgment i.e. 24.11.2021, he is in

custody.

In brief, prosecution case is that Sub Inspector, Sheopur got a

secret information that in forest 5-6 armed people are assembled to

commit a serious crime. On receiving information, he along with force

reached there. They saw 5-6 persons were talking to commit crime.

There were warned to surrender but they did not surrender. They

started firing on the Police. Police also fired in defense. Two persons

were apprehended. One Bhura @ Mohar Singh and another

appellant/accused Ramkesh. They have said the other names viz.

Ramkumar @ Ramsahayak, Amar Singh and Keshav.After

investigation charge-sheet has been filed.

From the side of appellant/accused, it is submitted that appellant

has been falsely implicated. No police personnel have been got

injured. Fine amount has been deposited.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the case,

without commenting anything on merits of the case, I.A.No.6226/22

is allowed. Subject to verification of fine amount amount deposited

by the appellant and on furnishing a personal bond in the sum of

Rs.25,000/- (Rupees Twenty five thousand only) with

one solvent surety in the like amount to the satisfaction of the

concerned trial Court, the remaining jail sentence of the appellant

shall remain suspended and he shall be released on bail.

The appellant shall firstly appear before the Registry of this

Court on 04.07.2022 and thereafter on all other subsequent date

as may be fixed by the Registry in this regard, till disposal of this

appeal.

C.C.as per rules.

                                              (Deepak Kumar Agarwal)
mani                                                Judge


SUBASRI MANI
2022.04.20
11:43:56
-07'00'