Ramesh Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9770 MP

                                    1
              HIGH COURT OF MADHYA PRADESH,
                        BENCH AT GWALIOR
                            CRA-4387-2022
                    (Ramesh Singh Vs. State of M.P.)


Gwalior, Dated : 15/07/2022

      Shri R.K.Shrivastava, learned counsel for the appellant.

      Shri P.S. Raghuvanshi, learned Public Prosecutor for the

respondent/State.

Heard on 9954/2022, an application under Section 389 (1) of

Cr.P.C. for suspension of sentence and grant of bail moved on behalf of

appellant- Ramesh Singh.

This appeal has been preferred against the judgment dated

14.03.2022 passed by Special Judge (SC/ST (Prevention of Atrocities)

Act, 1989, Karera District Shivpuri in Special S.T. No. 41/2011 whereby

the appellant has been convicted and sentenced as under:-

         Sections              Sentence        Fine (Rs.)     Default
                                                            Stipulation
 397 of IPC r/w 11/13 of     Ten Years R.I.      5000/-     6 months RI
     MPDVPK Act
 25 (1-B)(A) of Arms Act     One Year R.I.       1000/-     one month
                                                                RI

In brief, prosecution case is that complainant lodged a report at

Police Chowki Magroni, District Shivpuri to the effect that on 01.4.2011

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-4387-2022 (Ramesh Singh Vs. State of M.P.)

at about 11:00 pm, his family members were sleeping. At about 2:30 pm,

when he woke up, he saw five unknown persons standing in the gallery.

They started beating the complainant using iron road, adhiya and fists and

blow. When his wife Urmila came to rescue him, one of the accused

persons kicked her and took away one gold chain, gold bangles, etc. and

locked them in the room. Thereafter, they took away various gold and

silver ornaments from the locker. Upon his report, Crime No.51/2011 was

registered for the offences punishable under Sections 395 and 397 of IPC,

Section 11/13 of MPDVPK Act and 25/27 of Arms Act. From the

possession of appellant 315 bore country made pistol was seized. After

trial, appellant/accused vide judgment dated 14.3.2022 was convicted for

the aforesaid offences.

It is submitted by learned counsel for the appellant that

memorandum and seizure witnesses, who are the independent witnesses,

have not supported the memorandum and seizure from the appellant. As

per the impugned judgment, in para No. 52, accused Brakhbhan @

Ghoda, Jagdish @ Karua, Udayveer, Vishnu Soni, Shivcharan, Balveer @

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-4387-2022 (Ramesh Singh Vs. State of M.P.)

Ballo, Manoj, Ramesh S/o Madan and Ramesh S/o Jagdish were

identified during court proceedings. It is further submitted that the

appellant has been falsely implicated by the police/investigating agency.

Appellant is in custody since the date of impugned judgment i.e.

14.3.2022. During trial he remained in custody for more than one year

and two and a half months. During trial, he was on bail but he did not

misuse the liberty so granted. Amount of fine has been deposited by him.

Co-accused Vishnu Soni, Ramesh Singh Gurjar and Shivcharan Gurjar

have been extended benefit of suspension of sentence by this Court by

order dated 13.04.2022 and 20.06.2022 passed in Cr.A. 3394/2022, CrA

2953/2022 and CrA 3209/2022. He has a good case on merits. Final

hearing of the appeal will take time. Therefore, prayer for suspension of

sentence has been made.

On the contrary, learned Public Prosecutor vehemently opposed the

application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel

for the parties and the fact that an early hearing of this case is not

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-4387-2022 (Ramesh Singh Vs. State of M.P.)

possible, I.A. No.9954/2022 is allowed.

It is, therefore, directed that if appellant deposits the entire fine

amount, if not already deposited, and furnishes a personal bond in the

sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent

surety of the like amount to the satisfaction of trial Court for his

appearance before the Registry of this Court on 21st November, 2022 and

on such subsequent dates as may be fixed in this regard, sentence of

imprisonment awarded to him shall remain suspended till further orders

and he shall be released on bail.

Application (I.A. No. 9954/2022) is allowed and disposed of.

A copy of this order be sent to the trial Court concerned for

necessary compliance.

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

  YOGENDRA
  OJHA
  2022.07.15                        (DEEPAK KUMAR AGARWAL)
  18:48:19 +05'30'
                                             JUDGE

ojha