Ramdeen vs The State Of Madhya Pradesh
2022 Latest Caselaw 8416 MP

THE HIGH COURT OF MADHYA PRADESH CRA No. 5770/2017 (RAMDEEN AND ANOTHER Vs THE STATE OF MADHYA PRADESH)

Gwalior, dated : 24.06.2022

Shri A.K. Jain, learned counsel for appellants.

Shri Nirmal Sharma, Counsel for State.

Heard on I.A. No. 4653/2019, this is second application under

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

No.2-Ramsevak.

The appellant No.2 has been convicted and sentenced as under:-

 Section          Conviction                      Fine
 364-A/149     of Life imprisonment               Rs.50,000/-
 IPC and 11/13 of
 MDVPK Act

It is the submission of learned counsel for the appellants that the

trial Court erred in convicting the appellant No.2 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 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 parity. Hearing of appeal shall take time and he has a

good case on merits. On these grounds, prayer for suspension of

sentence has been made out.

Learned counsel for the State opposed the prayer and prayed for

its dismissal.

Heard 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, hence, I.A. No. 4653/2019 is allowed

subject to deposit of fine amount and it is ordered that on furnishing a

personal bond of Rs.1,00,000/- (Rupees One Lac Only) by appellant

No.2 with two solvent sureties of Rs.50,000/- each to the satisfaction

of the concerned trial Court, jail sentence of appellant No.2 shall

remain suspended till disposal of this appeal and he be released on bail.

The appellant No.2 is further directed to remain present before the

Registry of this Court on 12.12.2022 and, thereafter, on such

subsequent dates as may be fixed by the Registry.

Application (I.A.No. 4653/2019) stands allowed and disposed

of.

Copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules/directions.

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


Aman
  AMAN TIWARI
  2022.06.25
  11:27:33 +05'30'