Ravindra vs The State Of Madhya Pradesh
2022 Latest Caselaw 6484 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                             CRA No. 2125 of 2018
                 (RAVINDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Dated : 29-04-2022
      Shri Vivek Khedkar, learned counsel and Shri Deependra Singh
Raghuvanshi, learned counsel for appellant No.1.
      Shri Nitin Goyal, learned Panel Lawyer for the respondent/ State.

Heard on I.A.No.26489/2021, third application preferred under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant No.1- Ravindra. Earlier applications were dismissed as withdrawn vide orders dated 27/02/2019 & 30/04/2021.

Appellant No.1- Ravindra stood convicted under Section 302/149 of IPC and sentenced to suffer life imprisonment with fine of Rs.1,000/-, under Section 148 of IPC and sentenced to undergo R.I. of one year with fine of Rs.200/-, under Section 452 of IPC and sentenced to undergo R.I. of two years with fine of Rs.200/-, under section 325/149 of IPC and sentenced to undergo three years R.I. with fine of Rs.500/- with default stipulations vide judgment of conviction and order of sentence dated 27/02/2018 passed in Special Sessions Trial No.42/2012 by Special Judge Ashoknagar, Distt. Ashoknagar (M.P.).

Learned counsel for appellant No.1 has submitted that the trial Court has

wrongly convicted the appellant without proper appreciation of facts of the case. Appellant No.1 has falsely been implicated. The conviction and sentence awarded is wholly unwarranted. It is further submitted by learned counsel that appellant

No.1 has already suffered jail incarceration of around 4 years & nine months. The jail sentence of appellant No.2- Dhanpal has already been suspended vide order dated 13/01/2020 passed in this appeal. It is also submitted that the jail sentence of

co-convicted accused Ashok, Bholaram and Kalyan have also been suspended vide orders dated 11/12/2019 13/01/2020 passed in Cr.A. No.2059/2018. The case of appellant No.1 is on better footing as the allegation against him is of causing hurt by means of Lohangi over the hand of victim which is not a vital part. Whereas other co-convicted accused persons, who have already been enlarged on bail,

caused injuries on the vital part which resulted into death of the deceased. There is no likelihood of the appeal coming up for hearing in the near future. Hence,

learned counsel prays for suspension of sentence and grant of bail to appellant No.1- Ravindra.

Learned Panel Lawyer appearing for the respondent/State has supported the impugned judgment and prayed for dismissal of the application.

Considering the fact that the jail sentence of co-convicted accused Ashok, Bholaram, Kalyan and Dhanpal have already been suspended, coupled with the fact that the appeal is not likely to come up for hearing in near future, I.A. No.26489/2021 is hereby allowed and it is directed that the jail sentence of appellant No.1- Ravindra shall remain suspended and he be released on bail on

his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each of to the satisfaction of the CJM concerned for his appearance before the CJM concerned on 30.06.2022 and on all other subsequent dates as may be fixed by him in this regard.

Accordingly, Certified copy as per rules.

   (ROHIT ARYA                                  RAJEEV KUMAR SHRIVASTAVA)
      JUDGE                                              JUDGE

Shubhankar
             Digitally signed by
             SHUBHANKAR MISHRA
             Date: 2022.04.29
             17:22:28 +05'30'