Madhya Pradesh High Court
Ramshankar Sharma vs The State Of Madhya Pradesh on 1 December, 2022
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9789 of 2019
(RAMSHANKAR SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 01-12-2022
Shri Arun Barua, learned counsel for the appellant.
Shri A.K. Nirankari, learned Public Prosecutor for the respondent-State.
Heard o n I.A.No.1655/2022, fifth repeat application for suspension of
sentence and grant of bail moved on behalf of appellant No.2-Ramkaran
Sharma. Earlier three applications of the appellant for temporary suspension of
sentence were allowed on 21/08/2020, 01/12/2020 & 27/05/2021. Fourth
application of the appellant was dismissed as withdrawn on 20/01/2022.
Appellant No.2-Ramkaran Sharma so far has undergone 3 years of jail
incarceration.
Appellant No.2-Ramkaran Sharma stood convicted under Section
302/149 of IPC and sentenced to undergo Life Imprisonment with fine of
Rs.2,000/-, under Section 506 Part II of IPC and sentenced to undergo 01
year's RI with fine of Rs.1,000/- and under section 148 of IPC and sentenced to
undergo 1 year's RI with fine of Rs.1,000/-, under Section 327 of IPC and
sentenced to undergo 03 years' R.I. with fine of Rs.1,000/- & under Section
341 of IPC and sentenced to undergo 01 month's R.I. with fine of Rs.100/- with
default stipulations respectively vide judgment of conviction and order of
sentence dated 16/09/2019 passed by Second Additional Sessions Judge,
Ambah, District Morena (M.P.) in S.T. No.408/2018.
As per prosecution story, the injured/complainant Padam Singh lodged
Dehati Nalishi at about 9:30 P.M. on 11/05/18 at Police Station Dimni District
Morena to the effect that at about 8:45 A.M. when he was going on his
motorcycle from Village Chandpur to Vitt Ka Pura, on the way, accused
persons including present appellant, armed with lathi intercepted him and
demanded Rs.10,000/-, if the complainant wanted to live in the village. On
refusal to pay, all of them allegedly beat him indiscriminately with lathi.
However, despite medical aid, he passed away on 15/05/2018. Accordingly,
case was registered. Thereafter, investigation was completed and challan was
filed. The case was committed to the Sessions Court for trial.
The Sessions Judge upon critical evaluation of the evidence placed on
record and statements recorded, convicted and sentenced appellant No.2-
Ramkaran Sharma as referred above.
Learned counsel for the appellant while taking exception to the impugned
judgment submits that Sessions Court has not appreciated the evidence placed
on record in correct perspective. He further submits that the prosecution story
itself does not suggest any specific injury caused by any specific person.
Appellant No.2 is aged about 76 years of age. He has already suffered jail
incarceration for more than 03 years. If appellant No.2 is further made to suffer
jail incarceration, the same would seriously jeopardize his failing health
condition. The appeal is of the year 2019 and there is no likelihood of early
hearing of appeal in the near future. Hence, relying upon the Judgement of
Hon'ble Supreme Court in Anil Ari Vs. State of West Bengal reported in
(2009) 11 SCC 363, learned counsel prays for suspension of sentence and
grant of bail to appellant No.2 on the ground of his age which is about 76 years
and his failing health condition.
Per contra, learned Public Prosecutor for the respondent-State opposed
the application supporting the impugned judgment with submission that the
contents of the Dehati Nalishi are of paramount importance lodged by the
deceased when he was injured. Name of appellant No.2 appears in the said
report as one of the assailants. Under such circumstances, no exception can be
taken in the matter of grant of benefit of suspension of sentence to appellant
No.2-Ramkaran Sharma only for the reason that he is about 76 years of age.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon the rival contentions so advanced touching the merits of
the case, but regard being had to the fact that appellant No.2-Ramkaran Sharma
is 76 years of age with failing health condition and that he has already suffered
more than 3 years of jail incarceration and final hearing of appeal will take time,
it shall be fair to allow the instant application for suspension of sentence during
pendency of the present appeal.
Accordingly, I.A. No.1655/2022 stands allowed and it is directed that
the jail sentence of appellant No.2-Ramkaran Sharma shall remain
suspended during pendency of the present appeal and he shall be released on
bail subject to verification of the factum of depositing the fine amount and on
his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two lacs
only) with one solvent surety in the like amount to the satisfaction of the Trial
Court. He is directed to appear before the Registry of this Court first on
8/2/2023 and on other subsequent dates as may be fixed in this behalf with
following further conditions:-
(i) the concerned jail authorities are directed that before releasing
appellant No.2, his medical examination be conducted through the
jail doctor and if it is prima facie found that he is having any
symptoms of COVID-19, then the consequential follow up action
or any further test required be undertaken immediately. If not,
appellant No.2 shall be released on bail in terms of the conditions
imposed in this order;
(ii) in case of violation of conditions, State is free to apply for
cancellation of bail.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
A copy of this order be sent to the concerned Court below for
compliance.
It is further made clear that the order passed today shall not be treated as
precedent in cases of other accused persons.
Certified copy/ e-copy as per rules/directions.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
(Dubey)
SUNEEL DUBEY
2022.12.01
16:27:42 -08'00'
