Ramadhar @ Adhar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6600 MP

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        CRA No. 6954 of 2022
                                    (RAMADHAR @ ADHAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                            Dated : 24-04-2023
                                  Shri Rahul Bansal, learned counsel for the appellants.

                                  Shri Nitin Goyal, learned Panel Lawyer for the State.
                                  Shri    Jitendra    Kumar        Sharma,   learned     counsel    for   the
                            respondent/complainant.

Heard on IA.No.6412/2023, an application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Ramautar.

In brief prosecution case is that on on 24.10.2014 complainant Hemant along with his brother Avinash was going to perform Goverdhan Puja, at that juncture, near the field of Sobran, accused Lakhi @ Pramod, Jitendra, Jardan, Ramadhar, Ramjilal, Somesh, Bahadur Singh, Govind, Ravi Singh came and on the dispute of watering the field accused Lakkhi @ Pramod and Jitendra assaulted on the head of Avinash by means of Farsa, due to which blood started oozing out and he fell down. Thereafter, accused Jardan Singh, Ramautar Singh, Ramjilal, Ramadhar, Somesh, Govind, Bahadur and Ravi assaulted with Lathi. When the complainant tried to intervene in the matter,

accused persons also committed Marpeet with him with Lathi and kicks and fists. Father of complainant Jagdish and brother Deepu and Sonu came to the spot, then accused persons fled from the spot. On lodging the report, crime was registered against the appellant and co-accused persons. They were arrested. After investigation, charge-sheet has been filed. After trial, appellant has been convicted for the offence under Sections 147, 148, 307/149 and 323/149 of IPC with maximum sentence of 10 years RI. Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/25/2023 10:04:32 AM

I t is submitted by learned counsel for the appellant that during trial appellant was on bail, but he did not misuse the liberty so granted. During trial, he suffered sufficient incarceration and thereafter from the date of judgment i.e. 20.7.2022 he is in custody. Appellant has a good case on merits. Hearing of the appeal will take time. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State as well as complainant opposed the application and prayed for its rejection.

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.25000/--

(Rupees twenty five thousands Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 16th October, 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 further orders and he shall be released on bail.

Application (IA.No.6412/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/25/2023 10:04:32 AM