Madhya Pradesh High Court
Rameshwar vs The State Of Madhya Pradesh on 5 September, 2022
Author: Vivek Rusia
-1-
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
DIVISION BENCH : HON'BLE SHRI JUSTICE VIVEK RUSIA
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
Criminal Appeal No.1007 of 2022
Rameshwar S/o Mangilal Chouhan v/s The State of Madhya Pradesh
Indore, dated 05.09.2022
Shri Monesh Jindal, learned counsel for the appellant.
Shri Mukesh Kumawat, learned Government Advocate for
the respondent / State.
Heard on I.A. No.1432/2022, which is first application
under Section 389(1) of the Code of Criminal Procedure, 1973 for
suspension of jail sentence and grant of bail filed on behalf of
appellant - Rameshwar S/o Mangilal Chouhan.
The present appellant has been convicted for the offence
punishable under Section 302 of the Indian Penal Code and
sentenced to undergo Life Imprisonment along with fine of
Rs.5,000/- and with default clause to further undergo 06 months'
rigorous imprisonment vide judgment of conviction and sentence
dated 06.07.2021 passed by the Additional Sessions Judge,
Dharampuri, District - Dhar in Sessions Trial No.28/2018.
As per prosecution story, an F.I.R. was lodged by the son
of the deceased, Devi Singh Bheel at Police Station - Dhamnod on
15.06.2018 at 14:52 hours that on 14.06.2018 near about 6:00 pm,
he was sitting with his father at the shop of Puna Mistri. The
appellant came there and gave a blow by stone on the head of his
father due to which he sustained injury. When he asked as to why
you hit my father, he abused him and said that next time he would
kill him. Because of the previous enmity, he assaulted the deceased
by means of stone. The injured was taken to the hospital, and
thereafter, F.I.R. was lodged. Initially, the F.I.R. was lodged under
Section 294, 323 and 506 against the appellant. Later on Sections
307 and 302 were also added. After ten days of incident, this
appellant was arrested and blood stained stone was recovered from
the spot on 24.06.2018 and sent to Forensic Science Laboratory.
Upon completion of investigation, charge-sheet was filed and the
trial was committed to the Sessions Court. After evaluating the
evidence came on record, the trial Court has convicted the present
appellant.
Learned counsel for the appellant submits that the
appellant is in jail since the date of arrest and completed four years
of sentence. Even if the prosecution story is accepted as it is, the
offence will not travel more than 301 Part - I of the IPC. The stone
is not a lethal weapon. The appellant has no criminal past. There
are various omissions and contradictions in the statements of
witnesses. The present appeal is an appeal of 2022 and there is no
likelihood of early disposal of this appeal near future. Hence,
remaining jail sentence of this appellant may be suspended.
Learned Government Advocate for the respondent / State
opposes the application and prays for its rejection.
Considering the facts and circumstances of the case and
especially the fact that appellant is in jail for last four years, we
deem it proper to suspend the remaining jail sentence of this
appellant. Accordingly, I.A. No.1432/2022 stands allowed.
The execution of remaining jail sentence of appellant -
Rameshwar S/o Mangilal Chouhan is hereby suspended and it is
ordered that the appellant be released on bail upon his furnishing a
personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with one solvent surety of the like amount to the satisfaction
of the trial Court and subject to depositing the fine amount (if not
already deposited) with a further direction to appear before the
concerned Trial Court on 15.12.2022 and also on such other dates,
as may be fixed by the concerned trial Court in this regard during
the pendency of this appeal.
Certified copy, as per rules.
(VIVEK RUSIA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
Ravi
Digitally signed by RAVI PRAKASH
Date: 2022.09.08 12:25:38 +05'30'
