Ramaram vs The State Of Madhya Pradesh
2022 Latest Caselaw 4239 MP

1                          Cr.A.No.1037/2017
                      (Ramaram Vs. State of M.P.)

Indore : Dated 26.3.2022
      Shri Mohanlal Patidar, learned counsel for the appellant.
      Shri R.S.Bais, learned Govt.Advocate for the respondent/State.

Heard on I.A.No.13370/2021, seventh application for suspension of sentence and grant of bail to appellant.

Appellant's first application for suspension of sentence I.A.No.5059/2017 was dismissed on merits vide order dated 24.7.2017. Second application I.A.No.7648/2018 was dismissed as withdraw vide order dated 4.2.2019. Third application 1869/2017 was dismissed as withdrawn vide order dated 1.7.2019. Fourth application I.A.No.9432/2019 was dismissed as withdrawn vide order dated 25.11.2019. Fifth application I.A.No.3604/2020 was dismissed as withdrawn vide order dated 14.7.2020. Sixth application I.A.No.8863/2020 was dismissed on merits vide order dated 2.2.2021.

Appellant has been convicted for offence under Sections 148, 323/149, 323/149, 325/149, 366/149, 376(D), 120-B, 344 of IPC and sentenced to undergo two years' RI, one year RI, three years' RI, three years' RI, ten years' RI and six months RI, Rs.200/-, -, -, Rs.500/-, Rs.2,000/-, Rs.2,000/- and Rs.100/- respectively with default stipulation vide judgment dated 24.5.2017 passed by 1 st Addl.Sessions Judge, West Nimar, Mandleshwar in S.T.No.211/2014.

Prosecution story, in brief, is that on 6.12.2013 at about 2.00 PM appellant alongwith Akmaji and other co-accused persons armed with deadly weapons and sticks went to complainant's residence and

(Ramaram Vs. State of M.P.)

assaulted his brother, father and other family members and forcefully took his sister prosecutrix. Appellant alongwith Akmaji committed rape upon her repeatedly.

Learned counsel for the appellant submits that prosecutrix's marriage was solemnized with appellant Ramaram, while Ramaram's sister was married with prosecutrix's brother complainant. After the marriage prosecutrix fled away from house of appellant Ramaram without taking divorce of which missing report of person was also lodged by Ramaram as Ramaram's father has admitted in his cross- examination. Prosecutrix thereafter lived with a person namely; Rana. She did not want to live with appellant Ramaram, that's why this false case was lodged against appellant because he is family member of Ramaram as well as appellant. Appellant is in custody since 28.5.2014 and has suffered about about seven years of total imprisonment of ten years awarded to him. There is no likelihood of early hearing of the appeal in near future. In the aforesaid change circumstances prays for grant of bail.

Learned counsel appearing for the respondent/State has opposed the prayer and submits that no sufficient ground is made out for releasing the appellant on bail, hence the application filed by the appellant be dismissed.

Having considered the rival submissions, statement of prosecutrix as well as her father, period of incarceration suffered by the appellant, which is more than half of the total sentence awarded to

(Ramaram Vs. State of M.P.)

him, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserves to be allowed.

Accordingly, I.A.No.13370/2021 is allowed and it is directed that subject to depositing the fine amount and on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with a solvent surety in the like amount to the satisfactionof the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the sentence imposed against the appellant shall remain suspended till the final disposal of this appeal.

Appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 9.5.2022 and on all such subsequent dates as may be fixed by the Registry in this regard.

Accordingly, I.A.No.13370/2021 is allowed. List for final hearing in due course.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.03.28 10:08:23 +05'30'