Ram Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3924 MP

                                     1




            THE HIGH COURT OF MADHYA PRADESH
                        Criminal Appeal No.194/2022
                        (Ram Singh & ors. vs. State of M.P.)

Jabalpur, Dated 22.03.2022

         Shri Anoop Kumar Saxena, counsel for the appellants.

         Shri Prashant Mishra, Panel Lawyer for the respondent/State.

Heard on admission.

Record perused.

The appeal seems to be arguable, hence, admitted for hearing.

Heard on I.A. No.210/2022.

2. This is first application under Section 389(1) of Cr.P.C. for suspension of sentence of the appellants who stand convicted and sentenced as under-

      Convicted under                          Sentenced to
         Section

323/149 (in respect undergo R.I. for 6 months of injured Santosh) 323/149 (in respect undergo R.I. for 6 months of injured Nasir Farukh) 325/149 (in respect undergo R.I. for 2 years and to pay fine of Rs.1000/- of injured Madan with default stipulation Singh)

3. According to the prosecution case, in an incident of fire in the field of Ramsingh Ghoshi the villagers gathered and blocked the road (Chakka jam) and when the Revenue Officers and Police reached on the spot, annoyed by their delayed action, they assaulted and caused them injuries.

4. Learned Panel Lawyer has opposed the application.

5. Looking to the statement of witnesses and particularly paragraph 9, 19 to 22 of the Judgment and admitted status of the fact that both the incidents in question in Crime No.89/12 and 87/12 are identical in nature, the reason behind the incident, the allegation made against 19 villagers out of whom 3 have been died during trial, and other facts and circumstances available on record, I deem it appropriate to suspend the sentence of the appellants. Accordingly, I.A. No.210/2022 is allowed.

6. It is directed that on deposit of entire fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.30,000/- (Rupees Thirty Thousand Only) each with separate surety bond in the like amount to the satisfaction of the trial Court for their appearance before the trial Court on 20.06.2022 and on subsequent dates as may be fixed by the trial Court, the appellants- No.1 to 16- Ram Singh, Roop Singh, Pushpendra @ Pussu, Naresh Singh, Ajay Pratap, Arvind, Halke @ Arjun, Mahesh, Dhanesh Singh, Ajmer Singh, Hakim, Daryab, Kalyan Singh, Deshpal Singh, Ramavtar @ Rammu, and Rajpal Singh be released on bail and the substantive sentence under appeal shall remain suspended till the final decision of the appeal.

7. In the event of non-appearance of the appellants/applicants, the trial Court shall be at liberty to take coercive action against them to secure their presence under intimation to this Court.

8. List the appeal for final hearing in due course.

(Virender Singh) Judge

Loretta Digitally signed by MRS.

LORETTA RAJ Date: 2022.03.23 16:00:48 +05'30'