Ramshankar Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 3040 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 9789 of 2019
                                    (RAMSHANKAR SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 20-02-2023
                                Shri Arun Barua-Advocate for appellants.

                                Shri Rajesh Shukla-Deputy Advocate General for respondent/State.

Heard on I.A.No.414 of 2023, third repeat application for suspension of sentence and grant of bail moved on behalf of appellant No.1-Ramshankar Sharma.

Appellant No.1-Ramshankar Sharma so far has undergone 4 years of incarceration.

Appellant No.1-Ramshankar Sharma stood convicted under Section 302/149 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.2,000/-, under Section 506 Part II of IPC and sentenced to undergo 01 year's RI with fine of Rs.1,000/- and under section 148 of IPC and sentenced to undergo 1 year's RI with fine of Rs.1,000/-, under Section 327 of IPC and sentenced to undergo 03 years' R.I. with fine of Rs.1,000/- & under Section 341 of IPC and sentenced to undergo 01 month's R.I. with fine of Rs.100/- with

default stipulations respectively vide judgment of conviction and order of sentence dated 16/09/2019 passed by Second Additional Sessions Judge, Ambah, District Morena (M.P.) in S.T. No.408/2018.

As per prosecution story, the injured/complainant Padam Singh lodged Dehati Nalishi at about 9:30 P.M. on 11/05/18 at Police Station Dimni District Morena to the effect that at about 8:45 A.M. when he was going on his motorcycle from Village Chandpur to Vitt Ka Pura, on the way, accused persons including present appellant, armed with lathi intercepted him and Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 2/20/2023 7:26:01 PM

demanded Rs.10,000/-, if the complainant wanted to live in the village. On refusal to pay, all of them allegedly beat him indiscriminately with lathi. However, despite medical aid, he passed away on 15/05/2018. Accordingly, case was registered. Thereafter, investigation was completed and challan was filed. The case was committed to the Sessions Court for trial.

The Sessions Judge upon critical evaluation of the evidence placed on record and statements recorded, convicted and sentenced appellant No.1- Ramshankar Sharma as referred above.

Learned counsel for the appellants while taking exception to the impugned judgment submits that Sessions Court has not appreciated the

evidence placed on record in correct perspective. He further submits that the prosecution story itself does not suggest any specific injury caused by any specific person. Appellant No.1 is aged about 73 years. He has already suffered incarceration for 04 years. If appellant No.1 is further made to suffer incarceration, the same would seriously jeopardize his failing health condition. The appeal is of the year 2019 and there is no likelihood of early hearing of appeal in the near future. It is further submitted that co-accused/appellant No.2- Ramkaran Sharma has since been extended the benefit of suspension of sentence and grant of bail vide order dated 01.12.2022 (IA.1655/2022) and moreover, relying upon the Judgement of Hon'ble Supreme Court in Anil Ari Vs. State of West Bengal reported in (2009) 11 SCC 363, learned counsel prays for suspension of sentence and grant of bail to appellant No.1 on the ground of his age which is about 73 years and his failing health condition.

Per contra, learned counsel for the respondent-State opposed the application supporting the impugned judgment with submission that the

Signature Not Verified contents of the Dehati Nalishi are of paramount importance lodged by the Signed by: PAWAN DHARKAR Signing time: 2/20/2023 7:26:01 PM

deceased when he was injured. Name of appellant No.1 appears in the said report as one of the assailants. Under such circumstances, no exception can be taken in the matter of grant of benefit of suspension of sentence to appellant No.1-Ramshankar Sharma only for the reason that he is about 73 years of age.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon the rival contentions so advanced touching the merits of the case, but regard being had to the fact that appellant No.1-Ramshankar Sharma is 73 years of age with failing health condition and that he has already suffered 4 years of incarceration, co-accused/appellant No.2-Ramkaran Sharma has since been extended the benefit of suspension of sentence and grant of bail vide order dated 01.12.2022 (IA.1655/2022) and final hearing of appeal will take time, it shall be fair to allow the instant application for suspension of sentence during pendency of the present appeal.

Accordingly, I.A.No.414 of 2023 stands allowed and it is directed that the jail sentence of appellant No.1-Ramshankar Sharma shall remain suspended during pendency of the present appeal and he shall be released on bail subject to verification of the factum of depositing the fine amount and on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two lacs only) with one solvent surety in the like amount to the satisfaction of the Trial Court. He is directed to appear before the Registry of this Court first on

28/4/2023 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) the concerned jail authorities are directed that before releasing appellant No.1, his medical examination be conducted through the jail doctor and if it is prima facie found that he is having any symptom of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 2/20/2023 7:26:01 PM

appellant No.1 shall be released on bail in terms of the conditions imposed in this order;

(ii) in case of violation of conditions, State is free to apply for cancellation of bail.

Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

A copy of this order be sent to the concerned Court below for compliance.

It is further made clear that the order passed today shall not be treated as precedent in cases of other accused persons.

Certified copy/ e-copy as per rules/directions.

                               (ROHIT ARYA)                                  (MILIND RAMESH PHADKE)
                                  JUDGE                                               JUDGE

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Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 2/20/2023
7:26:01 PM