Ramraj vs The State Of Madhya Pradesh
2023 Latest Caselaw 6479 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 5528 of 2023
                                          (RAMRAJ AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 21-04-2023
                                Shri Nakul Khedkar, learned counsel for the appellants.

                                Shri Lokendra Shrivastava, learned counsel for the respondent- State.

Heard on admission.

Let record of the trial Court be called for. Also heard on I.A.No.7173 of 2023, which is the first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant No.1 Vinay Singh.

Vide judgment dated 8th April, 2023 passed by First Additional Sessions Judge, Ganj Basoda, District Vidisha in Sessions Trial No. 200112 of 2016, the present appellant has been sentenced to undergo one year RI for offence under Section 148 of IPC, one year RI with fine of Rs.2,000 with default stipulation for offence under Section 325/149 of IPC and five years RI with fine of Rs.5,000/- with default stipulation for offence under Section 307/149 of IPC respectively. All the sentences have been directed to run concurrently.

As per prosecution story, a bamboo stick from the possession of present

appellant was seized by the police vide seizure memo Ex.P17. It is submitted by learned counsel for the appellant that there is no overt act attributed against the present appellant for causing any injury by means of such bamboo stick on any of the injured. The trial Court has committed an illegality in convicting the present appellant for the aforesaid offence. He has been falsely implicated in the case. The appellant is jail from the date of passing impugned judgment. Final outcome of appeal will take some time. Under these circumstances, the Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/21/2023 6:53:46 PM

execution of sentence be suspended and the present appellant be released on bail.

O n the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view the aforesaid submissions of learned counsel for the parties and the fact that early hearing of this case is not possible, I.A. is allowed. It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for appearance

before the Principal Registrar of this Court on 20th November, 2023 and on such further dates as may be fixed by the Office in this regard, sentence of imprisonment awarded to him shall remain suspended till disposal of this appeal and he shall be released on bail.

IA is allowed and disposed of.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/21/2023 6:53:46 PM