Totaram vs The State Of Madhya Pradesh
2022 Latest Caselaw 13688 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                          CRA No. 8744 of 2022
                                            (TOTARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 17-10-2022
                                  Shri Ravindra Maheshwari, learned counsel for the appellants.

                                  Shri Rajesh Joshi, learned Govt. Advocate for the respondent/State.

Let record of Court below be requisitioned.

Heard on I.A.No.13067/2022, an application for suspension of jail sentence of the appellants no.1,2,3,4,5 and 6 - Totaram, Basant,Nitesh, Virendra, Sohan and Rahul.

Learned counsel for the appellants at the outset seeks permission to withdraw

the application so far as it relates to appellant no. 4 - Virendra.

Accordingly, I.A. No. 13067/2022 stands dismissed as withdrawn so far as it relates to appellant no. 4 - Virendra.

Appellants no.1,2,3,5 and 6 - Totaram, Basant,Nitesh,Sohan and Rahul have been convicted by 2nd Additional Sessions Judge, Dr. Ambedkar Nagar, Indore vide judgment dated 15.09.2022 passed in S.T.No 310/2013 for commission of offence punishable under Section 307 r/W 149 of IPC and sentenced to undergo three years RI with fine of Rs. 100/- each with default stipulation.

Learned counsel for the appellants submits that as per prosecution case appellants were present on the spot with the co-accused Virendra who fired on the

complainant and caused gun shot injury to him. Omnibus allegations have been made against the appellants. Short sentence has been awarded to the appellants by the learned trial Court and their sentence has already been suspended by the Court below till 15.10.2022. He submits that the learned trial court erred in holding the appellants guilty in the alleged offence. There are omissions and contradictions in the finding of the learned trial court. The final conclusion of the appeal shall take considerable time. Hence, prays that application for suspension of sentence be allowed.

Learned for respondent/State has opposed the prayer and prays for rejection of the application for suspension of sentence.

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 10/18/2022 11:40:58 AM

On due consideration of the facts and circumstances of the case so also looking to the short sentence awarded by the learned trial Court to the appellants, without expressing any opinion on merits of the case, I.A.No.13067/2022 is allowed.

It is directed that upon appellants no.1,2,3,5 and 6 - Totaram, Basant,Nitesh,Sohan and Rahul depositing the fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount in case of each of the appellants to the satisfaction of the trial court, the substantive jail sentence of appellants no.1,2,3,5 and 6 - Totaram, Basant,Nitesh,Sohan and Rahul shall remain suspended till the final disposal of the appeal and they shall be released on bail for their appearance before the Registry of this court on 14.11.2022 and all other subsequent dates, as may

be fixed in this behalf by the Office.

List for admission after receipt of record.

C.c. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

sh

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 10/18/2022 11:40:58 AM