Ramdeen vs The State Of Madhya Pradesh
2022 Latest Caselaw 1958 MP

                                                           1
      THE HIGH COURT OF MADHYA PRADESH
                Cr.A. No. 5770/2017
          Ramdeen & others Vs. State of M.P.

Gwalior Bench:
Dated :11.02.2022

      Shri A.K. Jain, learned counsel for the appellant.

      Ms. Kalpana Parmar, learned PL for respondent/State.

Heard on I.A. No. 32176/2021, this is fifth application under

Section 389 (1) of Cr.P.C. for suspension of sentence filed by

appellant No.1-Ramdeen.

The appellant has been convicted and sentenced as under:-

      Section       Conviction           Fine        Default of
                                                       fine
    148 of IPC    02 Years         1,000/-           06 Months
    307/149 of 07 Years            5,000/-           01 Year
      IPC and
   Section 11/13
   of MPDVPK
        Act
      25(1-B)     03 Years         1000/-            06 Months
     (A)/27 of
     Arms Ac

It is the submission of learned counsel for the appellant that

the trial Court erred in convicting the apellant and awarding jail

sentence. He referred testimony of complainant Sushil Rathi (PW/3)

and his wife Smt. Minakshi Rathi (PW/4), who did not support the

story of prosecution and the course of events were not proved

beyond reasonable doubt. He further referred judgment dated

THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 5770/2017 Ramdeen & others Vs. State of M.P.

12.05.2020 passed in criminal appeal No. 5771/2017 and criminal

appeal No. 5845/2017 to bring home the fact that another part of

present event consisting of offence under Section 307 of IPC

alongwith other incidental offences, acquittal has been recorded by

Single Bench of this Court. He seeks parity. He also referred order

dated 08.03.2019 passed in criminal appeal No. 5572/2017 in case of

co-accused Banti and he further seeks partiy. He already suffered

more than five years of incarceration. Hearing of appeal shall take

time and he has a good case on merits. Fine amount has already been

deposited. On these grounds, prayer for suspension of sentence has

been made out.

Learned PL for the State opposed the prayer and prayed for its

dismissal.

Heard through video conferencing the learned counsel for the

parties at length and considered the arguments advanced by them.

Considering the submissions advanced by the counsel for the

parties and overall facts and circumstance of the case, without

commenting on the merits of the case as there is no possibility of

early hearing of this criminal appeal before this Court, hence, I.A.

No. 32176/2021 is allowed subject to deposit of fine amount and it is

THE HIGH COURT OF MADHYA PRADESH Cr.A. No. 5770/2017 Ramdeen & others Vs. State of M.P.

ordered that on furnishing a personal bond of Rs.1,00,000/- (Rupees

One Lac Only) by appellant with two solvent sureties of

Rs.50,000/- each to the satisfaction of the concerned trial Court,

appellant's jail sentence shall remain suspended till disposal of this

appeal and he be released on bail. The appellant is further directed to

remain present before the Registry of this Court on 11.04.2022 and,

thereafter, on such subsequent dates as may be fixed by the Registry.

Application (I.A.No. 32176/2021) stands allowed and disposed

of.

E- copy/copy of this order be sent to the trial Court concerned

for compliance.

Certified copy/ e-copy as per rules/directions.

                 (Anand Pathak)                          (G.S. Ahluwalia)
                    Judge                                      Judge
neetu


        NEETU
        SHASHANK
        2022.02.11
        17:59:18
        +05'30'