Madhya Pradesh High Court
Ranbeer Singh vs The State Of Madhya Pradesh Thr on 2 February, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-957-2015
(RANVEER SINGH Vs . STATE OF MADHYA PRADESH)
DATED:- 02-02-2023
Shri Deependra Singh - Advocate for the appellant.
Shri Rajesh Shukla - Deputy Advocate General for the
respondent/State.
Per Justice Deepak Kumar Agarwal:
Heard on I.A. No.11584/2022, 3 rd application under Section 389
(1) of Cr.P.C. for suspension of sentence and grant of bail moved on
behalf of the appellant - Ranveer Singh. His first application for
suspension of sentence was dismissed as withdrawn vide order dated
01/12/2017 and second application was dismissed with liberty to come
again after suffering further reasonable period of custody.
This criminal appeal assails the judgment dated 09/07/2015
passed in S.T. No.192/2012 by the 1 st Additional Sessions Judge,
Mungawali, District- Ashoknagar (M.P.), whereby the appellant has
been convicted and sentenced as under:-
Sections Sentence Fine (Rs.) Default
Stipulation
302/149 of IPC Life Imprisonment Rs. 5,000/- 1 Year RI
148 of IPC 1Year RI Rs.1,000/- 2 Months RI
325/149 of IPC 2 Years RI Rs. 2,000/- 4 Months RI
323/149 (three counts) 2 Years RI Rs.2,000/- 4 Months RI
of IPC
452 of IPC 2 Years RI Rs.2,000/- 4 Months RI
Prosecution story, in short, is that on 08.10.2012 at around 7-8:00
PM, there was a dispute between deceased- Naresh Namdev and co-
accused- Sher Singh near the shop of Mr. Vikas Jain in village over a
matter of grass. At that time, Rajesh Namdev, his mother- Mrs. Savitri
Bai Namdev and Naresh's daughter- Babli brought Naresh home after
intervening in the matter. On that, in the night of 09.10.2012, accused
Sher Singh, armed with Ballam, Ghanshyam, armed with an Axe,
Monu alias Durgesh, armed with Farsa, Ranbir, armed with stick and
Bhaiyaram, armed with Luhangi, came to the house of Naresh Namdev
and got the door opened. As soon as the door was opened, the said five
accused entered inside his house and started assaulting Naresh Namdev
with the intention to kill him. Accused- Sher Singh assaulted on the
head of the deceased- Naresh Namdev, due to which, he fell down and
blood started oozing out. When the father of the deceased Barelal and
mother- Savitribai came to save him, all the accused beaten them.
Accused- Sher Singh assaulted Barelal by means of Ballam which hit
on his eye, due to which, blood started oozing out from mouth and eyes.
Accused- Ghanshyam assaulted Savitribai with Axe on her head, as a
result of which blood started oozing out. Accused- Ghanshyam and
Monu alias Durgesh assaulted on the head of Naresh. Accused- Ranbeer
(present appellant) assaulted Naresh Namdev by means of stick and
Bhaiyaram. Accused Ghanshyam assaulted on the head of the
complainant- Rajesh Namdev by means of Axe, due to which, blood
started oozing out. On the basis of aforesaid, crime has been registered
against the appellant.
Learned counsel for the appellant submits that appellant has been
falsely implicated in this case. The appellant has been wrongly
convicted by the learned trial Court. The appellant was on bail during
trial and he has not misused the liberty granted to him. Appellant has
suffered more than ten years of incarceration and he is the permanent
resident of District- Ashoknagar (M.P.) and there are fair chances of
success of this appeal. The appeal is of the year 2015 which may take
long time for its conclusion and the appellant cannot be kept in custody
for an unlimited period. Under these circumstances, the execution of jail
sentence be suspended and the appellant be released on bail.
On the other hand, learned Public Prosecutor appearing on behalf
of the respondent/State opposed the bail application and prayed for
rejection of this application.
Keeping in view of the aforesaid submissions of learned counsel
for the parties and the fact that an early hearing of this case is not
possible, I.A. No.11584/2022 is allowed.
It is, therefore, directed that if appellant- Ranveer Singh deposits
the entire fine amount, if not already deposited, and furnishes a personal
bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with
one solvent surety of the like amount to the satisfaction of trial Court
for his appearance before the Registry of this Court on 31st of July,
2023 and on such subsequent dates as may be fixed in this regard,
sentence of imprisonment awarded to him, shall remain suspended till
further orders and he shall be released on bail.
IA No.11584/2022 is allowed and disposed of.
A copy of this order be sent to the trial Court concerned for
necessary compliance.
Certified copy as per rules/directions.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
rahul
Digitally signed by RAHUL SINGH PARIHAR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001, st=Madhya Pradesh,
2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d
0cde4dee473fe77953f5,
pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D4
87,
serialNumber=0275C4F803F94C47998BE5C534E21BDED910F
D4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH
PARIHAR
Date: 2023.02.03 15:52:43 +05'30'
