Madhya Pradesh High Court
Ramvilas vs The State Of Madhya Pradesh on 22 April, 2022
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 767 of 2014
(RAMVILAS Vs THE STATE OF MADHYA PRADESH)
Dated : 22-04-2022
Shri Ashok Kumar Jain, learned counsel for the appellant.
Smt.Padmashri Agrawal, learned Panel Lawyer for the respondent/ tate.
Heard o n I.A.No.5323/2022, tenth application preferred under Section
389(1) of Cr.P.C. for suspension of sentence and granted of bail on behalf of the
sole appellant Ramvilas. His earlier applications were dismissed as withdrawn.
The appellant stood convicted under Section 364A of IPC read with Section
13 of M.P.D.V.P.K.Act and sentenced to undergo life imprisonment with fine of
Rs.2,000/-, under Section 419 of IPC and sentenced to undergo three years' R.I.,
under Section 66C of I.T.Act and sentenced to undergo three years R.I. with fine
of Rs.3,000/- with default stipulations vide judgment of conviction and order of
sentence dated 30.06.2014 passed by the Special Judge (Madhya Pradesh Dakaiti
Aur Vyapaharan Prabhavit Kshetra Adhiniyam, 1981) Gwalior in Special Sessions
Trial No.20/2011.
Learned counsel for the appellant submits that the present appellant has
already suffered jail incarceration of 8 years, 8 months and 24 days. Sentence of
co-accused Ramabai has already been suspended vide order dt.23.10.2020.
Present appellant was not identified by any of the prosecution witnesses. There
was no overt act on the part of the present appellant rather during course of
recording of evidence one person was identified as Dabbu, who was alleged to
have taken the ransom amount. Nothing was recovered from the possession of the
present appellant and there was no connecting evidence against the present
appellant. It is also submitted that the appeal is not likely to come up for hearing in
near future. On such grounds, learned counsel prays for suspension of sentence
and grant of bail.
Learned Panel Lawyer appearing for the respondent/state has supported the
impugned judgment and prayed for dismissal of the application.
I n view of the aforesaid facts, coupled with the fact that the co-accused
Ramabai has already been extended the benefit of suspension of sentence by this
court and that the appeal is not likely to come up for hearing in near future,
IA.5323/2022 is hereby allowed and it is directed that the jail sentence of the
appellant Ramvilas shall remain suspended and he be released on bail on his
furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lacs Only)
with one solvent surety in the like amount to the satisfaction of the CJM concerned
for his appearance before the Principal Registrar of this Court on 30.06.2022 and
thereafter on other subsequent dates as may be fixed in this behalf with following
further conditions:-
(i) Appellant Ramvilas will abide by the terms and conditions of various
circulars and orders issued by the Government of India and the State Government
as well as the local administration from time to time in the matter of maintaining
social distancing, physical distancing, hygiene, etc, to avoid proliferation of Novel
Corona virus (COVID-19);
(ii) the concerned jail authorities are directed that before releasing appellant
Ramvilas, the medical examination of the appellant be conducted through the jail
doctor and if it is prima-facie found that they are having any symptom of Covid-
19, then the consequential follow up action or any further test required be
undertaken immediately.
Learned State counsel is directed to send e-copy of this order to all the
concerned including the concerned Station House Officer of the Police Station for
information and necessary action.
IA No.5323/2022 stand closed.
(ROHIT ARYA) (RAJEEV KUMAR SHRIVASTAVA)
JUDGE JUDGE
SP
SANJEEV
KUMAR PHANSE
2022.04.22
17:24:33 +05'30'
