Madhya Pradesh High Court
Aman @ Ramji vs The State Of Madhya Pradesh on 27 January, 2022
Author: Vivek Rusia
-1- CRA NO.887/2016
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
CRA NO.887/2016
1. Aman @ Ramju s/o Rahim Khan
Age 24 years,
2. Firoz @ Kala s/o Rahim Khan
Age 18 years,
R/o Nosrabad Colony, Dewas
District Dewas M.P ............Appellants.
vs.
State of M.P through
PS Dewas District Dewas M.P ............Respondent.
27.01.2022: (INDORE):
Shri Vivek Singh, learned counsel for the appellants.
Shri Sudanshu Vyas, learned GA for the State.
Heard on IA No.27729/2021, third repeat application for
suspension of sentence on behalf of appellant No.1 Aman @ Ramju.
Appellants have filed this appeal against the judgment dated
15.06.2016 passed by Sessions Judge, Dewas in Sessions Trial
No.2000328/2014 whereby the learned trial Court has convicted the
appellant No.1 Aman @ Ramju as under:
Conviction Sentence
Section Act Imprisonm Fine, if Imprisonment
ent deposited in lieu of fine
148 IPC 1 year RI Rs.1,000/- I month Addl.
RI
302 IPC RI for Life Rs.10,000/- I year Addl. RI
324/149 IPC 1 year RI Rs.2,000/- 2 months Addl.
RI
323/149 (3 IPC 6 months Rs.1,000/- 1 month Addl.
counts) RI RI
-2- CRA NO.887/2016
Shri Vivek Singh, learned counsel for the appellant submits
that although the allegation against the appellant Aman is that he
caused injury by means of knife but that was not on the vital part of
the body, however, as per the doctor's opinion due to excessive
bleeding the deceased died. He further submits that the appellant has
completed more than 8 years of imprisonment so far. This is an
appeal of the year 2016, hence it is not likely to come up for final
hearing in near future. The other four co-accused persons have
already been granted bail by this Court, therefore, they are not
interested for final hearing of the appeal even though the appeals are
listed for final hearing. The role attributed to the present appellant,
the facts that the injury caused by him was not on the vital part of the
body, the offence would not travel more than 326 IPC and that the
alleged incident occurred on account of the sudden provocation by
the deceased, he prays for suspension of sentence of the appellant.
Learned GA opposes the prayer and drawn our attention to
para-17 of the impugned judgment in which the doctor has opined
that the injury caused by the appellant Aman has become vital for his
death.
Considering the overall facts and totality of the circumstances
of the case and the period of incarceration of the appellant, without
commenting on the merit of the case, the application is allowed and it
is directed that the jail sentence passed against the appellant No.1
Aman @ Ramju shall remain suspended and he be released on bail
upon his depositing the fine amount (if already not deposited) and
furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty
Thousand) with one surety in the like amount to the satisfaction of the
trial Court for his appearance before the Registry of this Court on
04.07.2022 and on such further dates as may be fixed in this behalf
by the Registry during the pendency of this appeal.
-3- CRA NO.887/2016
Before releasing the appellant from the custody the jail
authorities are directed to medically examine him in order to rule out
the possibility of Covid-19 infections and shall comply with the
direction given by the Hon'ble Apex Court in Writ Petition
No.01/2020.
C.c as per rules.
(VIVEK RUSIA) (RAJENDRA KUMAR (VERMA))
JUDGE JUDGE
Digitally signed by HARI
KUMAR C G NAIR
hk/ Date: 2022.01.27 16:56:48
+05'30'
