Madhya Pradesh High Court
Ravendra Pratap Singh @ Mahant ... vs The State Of Madhya Pradesh on 26 July, 2023
Author: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5573 of 2023
(RAVENDRA PRATAP SINGH @ MAHANT BAIS Vs THE STATE OF MADHYA PRADESH)
Dated : 26-07-2023
Shri O. P. Dwivedi - Advocate for appellant.
Smt. Sunita Sood - Panel Lawyer for respondent/State.
Reserved on : 25.07.2023
Pronounced on : 26.07.2023
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Arguments of both the counsel for the parties are heard at length.
Judgment and record of the Court below perused.
ORDER
Heard on I.A No.8827/2023, which is first application under Section
389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf
of the appellant.
The appellant has been convicted for the offences punishable under
Sections 147 of IPC and sentenced to undergo R.I. for 1 year with fine of
Rs.1,000/-, under Section 332/149 of IPC and sentenced to undergo R.I. for 2
years with fine of Rs.2,000/- and Section 333/149 of IPC and sentenced to
undergo R.I. for 5 years with fine of Rs.2,000/- respectively, with default
stipulations.
Learned counsel for the appellant submits that the appellant is innocent
and has falsely been implicated in the matter. He also submits that the trial Court
has not properly appreciated the oral and documentary evidence available on
record and committed an error in convicting the appellant for the aforesaid
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 7/27/2023
4:30:00 PM
offences. Appellant is in jail and the appeal would take considerable time to
conclude. He is ready to furnish adequate surety and shall abide by the
directions and conditions, which may be imposed by this Court. Hence, it is
prayed that the application for suspension of sentence of the appellant may be
considered.
On the other hand, learned counsel for the State has opposed the
application and prayed for its rejection.
Heard learned respective counsel for the parties, perused the judgment
and record of the court below.
According to prosecution, the appellant along with his companions
arrived at CHC, Beohari. They were agitated on the death of two persons, who
were injured in an accident. The appellant and his companions were alleging that
the injured were not given proper treatment on account of which they died on
their way to Medical College, Rewa. The agitated mob including the appellant
was hurling abuses and threatening to kidnap. Appellant was also present in that
and assaulted the doctors causing them injuries including grievous injury. They
even damaged property of hospital.
Arguing on the suspension application, it is claimed by the appellant that
there was no evidence to show that he was present in the alleged mob, but the
statements of Dr. Nishant Singh Parihar (PW-7) has clearly proved the presence
of appellant and the assault made by him. It is relevant to note here that the
appellant is also named in the FIR. The day, on which statement of Dr. Nishant
Singh Parihar was recorded, the appellant was present in the Court and he was
recognized by face by this witness.
Looking to the nature of crime committed by appellant and its
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implications, this Court is not inclined to suspend the sentence and release the
Signed by: POONAM
MANEKAR
Signing time: 7/27/2023
4:30:00 PM
appellant on bail.
Accordingly, the application is dismissed.
(ANURADHA SHUKLA)
JUDGE
pnm
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 7/27/2023
4:30:00 PM
