Ramkumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 12696 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 2054 of 2020
                                           (RAMKUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 07-08-2023
                                   Shri S.S. Rajput - Advocate for the appellants.

                                   Shri Rajeev Upadhyay - Public Prosecutor for the respondent/State.

Heard on IA No. 13430/2023, which is fourth application under Section 389(1) Cr. P.C. moved on behalf of the appellant No.1-Ramkumar seeking suspension of sentence and grant of bail. First application was dismissed for want of prosecution on 22/07/2020, second application was dismissed on

merits on 10/08/2021 and third application was also dismissed on merits on 15/11/2022. Thereafter, appellant No.1 filed SLP No.436 of 2023 before Hon'ble Supreme Court which was dismissed with liberty to the petitioner to renew his request for suspension and bail after a period of six months on 16.01.2023. Exercising this liberty, present application for suspension of sentence is filed.

Vide order dated 25.07.2023, learned counsel for the State was directed to verify the status of cases mentioned in criminal history against the appellant No.1.

Learned counsel for the State submits that appellant No.1 has been acquitted in all nine cases which are reported as criminal history against the appellant No.1. Thus, the appellant No.1 stands acquitted in all previous cases.

As earlier applications for suspension of sentence were rejected on the ground of criminal history of nine case of appellant No.1, learned counsel for the appellant No.1 submits that after verification, appellant No.1 deserves to be released on bail. He has already undergone jail incarceration of more than 4 Signature Not Verified Signed by: MONIKA SHARMA Signing time: 08-08-2023 10:32:17 AM

years.

Appellant No.1-Ramkumar stands convicted under Section 397/34 of IPC and sentenced to undergo 10 years' RI with fine of Rs. 5000/- with default stipulation vide judgment of conviction and sentence dated 11.02.2020 passed by Sixth Additional Sessions Judge, Raghogarh District Guna in S.T. No.58/2019.

Learned Counsel for appellant No.1 submits that the impugned judgment passed by learned trial Court is based on assumption, conjecture and surmises. Learned counsel for the appellant No.1 draws attention of this Court towards the impugned judgment and submits that none of the witnesses have identified

the appellant No.1-Ramkumar. He has been implicated only on the basis of recovery of Rs.5,000/- currency/notes which were not identified, therefore, learned trial Court committed grave error in convicting and sentencing the appellant No.1. Co-convicted/appellant No.2 - Ramsevak has been granted benefit of suspension of sentence by this Court on 20.11.2020 and the case of the appellant is on better footing. There are material contractions and omissions in the evidence of witnesses. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellant No.1-Ramkumar shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to Signature Not Verified Signed by: MONIKA SHARMA Signing time: 08-08-2023 10:32:17 AM

furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 03.10.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.13430/2023 stands allowed and disposed of. Record of the trial Court has already been received. List this appeal for final hearing in due course. Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 08-08-2023 10:32:17 AM