Madhya Pradesh High Court
Ranjeet vs The State Of Madhya Pradesh on 13 June, 2022
Author: Rajendra Kumar (Verma)
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 195 of 2022
(RANJEET AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-06-2022
Shri Yash Pal Rathore, learned counsel for the appellant.
Shri Sudhanshu Vyas Pl appearing on behalf of Advocate General.
Heard on I.A. No.146/2022, an application application filed under
section 389(1) of CrPC for suspension of sentence and grant of bail on behalf
of appellants.
At the very outset, counsel for the appellant prays for withdrawal of the
application filed on behalf of appellant no.2 Ajay.
Prayer is allowed.
The application is dismissed qua appellant no.2/Ajay.
The appellants have been convicted for the offence punishable under
sections147, 148, 323/149, 307/149 of IPC 1860 and sentenced to undergo
01 years, 02 years and 10 years R.I with fine and default stipulation by the
judgment dated 17.12.2021 passed by the Additional Sessions Judge,
Dharampuri, District Dhar in Sessions Trial No.200433/2016.
Learned counsel for the appellants has submitted that appellants
have been convicted without appreciating the evidence available on
record. The injured /complainant Kalu has stated that the injury has only
been caused by appellant no.2 and the injuries received by the other injured
persons are only simple in nature.It is further submitted that both the parties
Signature Not VerifiedDigitally signed by
have compromised the case and the appellants have already been acquitted
SAN AMIT KUMAR
Date: 2022.06.14
from the offence which were compoundable as Section 307 of IPC is non-
15:48:36 IST
compoundable, hence, the appellants have been convicted. It is further
submitted that here is no chance of early hearing of this appeal and it will
take considerable time for final disposal of the appeal. Therefore, looking
to his custodial period, the conviction of the appellants may be suspended
and he may be released on bail.
Learned Panel Lawyer, on the other hand, opposed the application
for suspension of sentence.
Looking to the facts and circumstances of the case, the contention of
the learned counsel for the appellant and the fact that the appellants have
compromised the case, the application is allowed.
I t i s directed that the execution of the jail sentence alone passed
against the appellants Ranjeet, Gulab, Radheshyam and Sukhlal @
Sukhiya shall remain suspended during the pendency of this appeal and
they be released on bail subject to depositing the fine amount, if already not
deposited and upon furnishing a personal bond in the sum o f Rs.50,000/-
(Rs. Fifty Thousand only) each with one solvent surety in the like amount
to the satisfaction of the trial Court for his appearance before the Registry
of this Court on 15/09/2022 and on such further dates as may be fixed in
this behalf by the Registry during the pendency of this appeal.
The jail authorities and the State Government are directed to follow
the guidelines issued by the Health Ministry in the wake of Novel Corona
Virus, before and after releasing the appellants.
With the aforesaid I.A. No.146/2022 stands disposed of.
List the appeal accordingly.
Signature Not VerifiedDigitally signed by
SAN AMIT KUMAR
Date: 2022.06.14
15:48:36 IST
C.C. as per rules.
(RAJENDRA KUMAR (VERMA))
JUDGE
amit
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN AMIT KUMAR
Date: 2022.06.14
15:48:36 IST
