Pannalal vs The State Of Madhya Pradesh
2023 Latest Caselaw 400 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                                 CRA No. 6155 of 2021
                    (PANNALAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 06-01-2023
      Shri Anand Gupta, learned counsel for the appellants.

      Shri Pramod Pachori, learned Public Prosecutor for the respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.16817/22, 1st application u/Sec. 389 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.5-Ramvilas Jatiya.

Prosecution case in brief is that on 24.10.2012 in the night of 10.40 pm

complainant Keval lodged a report at police Station, Kumbhraj, Distt. Guna, against appellant and six others to the effect that in the night at 8 pm appellant Ramvilas was passing through the road in a drunken state and on the way he collided with his father Gappulal, due to which Ramvilas assaulted with Lathi on his head, as a result of which he fell down. At that juncture, Rambharosa, Mangilal, Latur, Pappu, Ramdayal, Veerma and Pannalal having Lathi in their hands with common object came there and started abusing him, his father and his brother with filthy language. Thereafter Pappu assaulted with Farsi on right hand of complainant due to which blood started oozing out, Ramdayal assaulted with Lathi on the forehead of complainant, Pannalal assaulted with Lathi on elbow of left

hand. When his brother Jalam came to save him, then Rambarosa, Mangilal, Latur and Veeram committed Marpeet with him. On his report, crime No.269/2012 was registered at police Station, Kumbhraj, Distt. Guna, for the offence punishable under Sections 147, 148, 149, 323, 294, 506 of IPC. During treatment, father of the complainant Gappulal died. Hence, offence under Section 302 of IPC was added. As per postmortem report, deceased died due to head injury. After investigation, charge-sheet has been filed. After trial appellant- Ramdayal has been convicted under Section 148, 302/149, 325/149 (on

two counts) and 323/149 of IPC and sentenced to undergo 1 year RI with fine of Rs.300/-, life imprisonment with fine of Rs.2,000/-, two years RI with fine of Rs.500/- on both the counts and six months RI with fine of Rs.200/- respectively.

It is submitted by learned counsel for the appellant that during trial appellant No.5- Ramvilas Jatiya remained in custody for a period of 1358 and thereafter from the date of judgment i.e. 5.10.2021 he is in custody. Co-accused have been granted suspension of sentence by this Court vide orders dated 8.4.2022, 2.5.2022 and 1.7.2022 passed in this appeal. Final hearing of the appeal will take time. On such premises, learned counsel for the appellant prayed for bail.

Learned counsel for the State opposed the application and prayed for its rejection. Looking to the facts and circumstances of the case, but without commenting anything on the merits of the case, IA.No.16817/2022 is allowed and it is directed that jail sentence of appellant No.5-Ramvilas will remain under suspension subject to verification that the amount of fine has been deposited, on appellant's furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand 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 27th February, 2023 and thereafter on such further dates as may be fixed by the office of this Court in this regard till disposal of the appeal.

C.c. as per rules.

  (ROHIT ARYA)                                             (DEEPAK KUMAR AGARWAL)
     JUDGE                                                          JUDGE

Van

                 VANDANA VERMA
                 2023.01.06
                 12:27:36 -08'00'