Ramnaresh vs The State Of Madhya Pradesh
2023 Latest Caselaw 11617 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 2244 of 2023 (RAMNARESH Vs THE STATE OF MADHYA PRADESH)

Dated : 25-07-2023 Shri Vijay K. Shrivastava - Advocate for the applicant.

Shri Satyapal Chadar - Government Advocate for the State.

Heard on I.A. No.12182/2023, application for condonation of delay. For the reasons stated in the application, which is duly supported by an affidavit, I.A. No.12182/2023 is allowed. Delay in filing the criminal revision is

condoned.

Also Heard on admission.

This revision is admitted for final hearing. Heard on I.A.No.12032/2023, which is first application filed on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted for offence under Section 323/34 (four counts), 324/34 and 325/34 of IPC and sentenced to undergo R.I. for 3 months and fine of Rs.100/-, R.I. for 6 months and fine of Rs.100/-, R.I. for one year and fine of Rs.100/- respectively, with default stipulation.

Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. The applicant is in jail and final disposal of this revision would take considerable time. In view of above, prayer has been made to suspend the sentence of applicant.

Learned counsel for the State has opposed the application and prayed for its rejection.

Signature Not Verified Signed by: RASHMI TIKARAM CHIKANE Signing time: 7/27/2023 2:24:01 PM

Heard learned counsel for the parties and perused the record and judgment of the Courts below.

The facts of the case reveal that there was property dispute between the parties. The incident occurred when the complainant party was ploughing the field and were doing agricultural work. There were 6 injured persons in the incident but only one suffered grievous injury that to in the hand. Most of the witnesses examined by the prosecution were the relatives and no independent witness supported the prosecution story despite the fact that the incident allegedly occurred in an open agricultural field.

In the light of these facts, I find it to be a fit case to suspend the jail

sentence of the applicant and to release him on bail, therefore, without commenting on the merit of the ca this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the jail sentence of applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 11.09.2023 and on such other dates as may be fixed in this regard during pendency of this case.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

RC

Signature Not Verified Signed by: RASHMI TIKARAM CHIKANE Signing time: 7/27/2023 2:24:01 PM