Ramniwas vs The State Of Madhya Pradesh
2023 Latest Caselaw 13312 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 5479 of 2023
                                           (RAMNIWAS AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-08-2023
                                  Shri Ajay Raj Gupta - Advocate for the appellants.

                                  Shri Amit Rawal - Panel lawyer for the respondents State.

Heard on I.A.No.11739/2023, which is an application for urgent hearing.

Since the matter is taken up for hearing, therefore, application stands

disposed off being rendered infructuous.

Heard on I.A. No.11078/2023 which is an application under Section 389(1) of Code of Criminal Procedure, 1973 for suspension of remaining jail sentence and grant of bail filed on behalf of appellant No.2-Rahul, who has been convicted under Section 307/34 of IPC, vide judgment dated 27.03.2023 and sentenced to undergo 7 years' R.I with fine of Rs.3,000/- with default stipulation.

As per the prosecution story, complainant Anil lodged a report on 28.03.2019 that his uncle Ramvilas and Ramnivas were consuming electricity

for residential purpose by putting wire on mainline. For this act his father Bagirath and brother Sunil both of them requested their uncles to remove the wire from the mainline. For this issue on the same day at 07:00 PM when his father and brother were standing in front of the house, Ramvilas with spade in hand, Ramnivas with stick in hand and the appellant Rahul with hammer in hand as well as Hariom with sabal in hand came over there with common intention and started abusing them. They all assaulted them by means of articles in their possession. Ramvilas, who was carrying a spade when assaulted them Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 17-08-2023 19:18:31

there Anil and Sunil tried to save them for which they were assaulted by the appellant Rahul on head of Sunil by means of hammer. Although, Sunil did not sustained any fracture on his head and, therefore, the appellant Rahul has been convicted under Section 307/34 of IPC.

Learned counsel for the appellant has drawn the attention of this Court towards the statement of Sunil PW-2 in chief who has stated that he was assaulted on his head by Ramvilas. However, in the cross-examination he has changed his version. Learned counsel for the appellant further submitted that after this incident Ramvilas was murdered by PW-1, Bhagirath and PW-2, Sunil and at present they are in jail and facing trial for the same. Hariom is already in

jail. Appellant Rahul is the only earning member in the family after the death of his father. He is not a habitual offender, therefore, keeping in view the aforesaid fact the appellant may be granted bail. Hence, his remaining jail sentence may be suspended.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by submitting that the trial Court after due appreciation of the evidence has convicted the appellant, hence, his application for suspension of sentence is liable to be rejected.

In view of the aforesaid facts and circumstances of the case, I find it to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, without expressing any opinion on merits of the case, I.A. No.11078/2023 is allowed, subject to depositing the fine amount, if not already deposited with the trial Court and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.30,000/- (Rupees thirty thousand only)

Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 17-08-2023 19:18:31

with solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the Registry of this Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 18.12.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

List for final hearing in due course.

Certified copy, as per rules.

(VIVEK RUSIA) JUDGE

rashmi

Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 17-08-2023 19:18:31