Madhya Pradesh High Court
Ram Bahadur @ Raju Dahla vs The State Of Madhya Pradesh on 11 July, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3360 of 2022
(RAM BAHADUR @ RAJU DAHLA Vs THE STATE OF MADHYA PRADESH)
Dated : 11-07-2022
Ms.Manjit P.S.Chuckal, Advocate for the appellant.
Ms.Seema Jaiswal, Panel Lawyer for the respondent/State.
Heard on question of admission.
Admit.
Considered I.A.No.6176/2022, which is first application under Section
374(2) Cr.P.C. for suspension of sentence and grant of bail on behalf of the
appellant-Ram Bahadur @ Raju Dahla.
B y the impugned judgment dated 29.03.2022 passed by the 18th
Additional Sessions Judge, District Jabalpur passed in S.T.No.1800327/2011,
the appellant has been convicted under Sections 148, 333 read with 149 and 307
read with 149 of the Indian Penal Code and has been sentenced to undergo
R.I. for 03 years, R.I. for 10 years and R.I. for 10 years with fine of
Rs.1,000/- and Rs.1,000/- respectively, with default stipulations.
As per prosecution case, itself the main accused persons were Kandhi
Raikwar, Vinod @Football and Rakesh.
As stated by learned counsel for the appellant that Kandhi and Rakesh
had died during the trial and role of the present appellant is entirely different
from them. Unlawful assembly was not constituted by the present appellant
along with the main accused persons. They had reached the spot after some
time.They have also not inflicted any blow on victim Head Constable Prabhat
Signature Not Verified
SAN Singh. The final disposal of instant appeal would take considerable time to
Digitally signed by SARSWATI MEHRA
Date: 2022.07.12 10:39:23 IST conclude. Hence, prayer has been made to suspend the jail sentence of the
appellant and grant him bail.
Learned Panel Lawyer has opposed the prayer for suspension of
sentence.
Looking to the overall facts and circumstances of the case and final
disposal of this appeal would take considerable time, without commenting on
merits of the case, the application is allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees
Thirty Thousand only) with one surety in the like amount to the satisfaction of
the trial Court concerned, the custodial sentence of appellant- Ram Bahadur @
Raju Dahla shall remain suspended and he shall be released on bail for securing
his presence before the trial Court concerned on 06.12.2022 and on such other
dates as may be fixed in this regard during pendency of this appeal.
List for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
sm
Signature Not Verified
SAN
Digitally signed by SARSWATI MEHRA
Date: 2022.07.12 10:39:23 IST
