Ramdeen vs The State Of Madhya Pradesh
2022 Latest Caselaw 3104 MP

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

Gwalior, dated : 04.03.2022

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

Smt. Anjali Gyanani, Counsel for State.

Heard on I.A. No. 3484/2022, this is sixth application under

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

No.1-Ramdeen.

The appellant No.1 has been convicted and sentenced as under:-

 Section          Conviction                       Fine
 364-A/149 of IPC Life imprisonment                Rs.50,000/-
 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.1 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. He already suffered more

than five years of incarceration. Hearing of appeal shall take time and he

has a good case on merits. Fine amount has already been deposited. 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 before this Court, hence, I.A. No.

3484/2022 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.1 with two solvent sureties of Rs.50,000/- each to

the satisfaction of the concerned trial Court, jail sentence of appellant

No.1 shall remain suspended till disposal of this appeal and he be released

on bail. The appellant No.1 is further directed to remain present before the

Registry of this Court on 11.05.2022 and, thereafter, on such subsequent

dates as may be fixed by the Registry.

Application (I.A.No. 3484/2022) 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
   2022.03.05
   11:11:44 +05'30'