Randheer @ Ramu vs The State Of Madhya Pradesh
2023 Latest Caselaw 9607 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         CRA No. 6901 of 2023
                                        (RANDHEER @ RAMU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                            Dated : 26-06-2023
                                   Shri Arun Kumar Paterya, learned counsel for the appellants.

                                   Shri Nitin Goyal, learned Panel Lawyer for the respondent- State.

Heard on admission.

Also heard on IA No.10982 of 2023, which is the first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Nos .2 and 3 - Rahul and Shyam Bahadur.

Vide judgment dated 27-03-2023 passed by Seventh Additional Sessions Judge, Shivpuri in Sessions Trial No.208 of 2018 aforesaid appellants have been convicted under Sections 307/34 of IPC and sentenced to undergo five years RI with fine of Rs.1,000/-, under Section 353/34 of IPC and sentenced to undergo two years RI with fine of Rs.500/- and Under Section 25 (1-B)(A) of Arms Act and sentenced to undergo one year RI with fine of Rs.500/- with default stipulation.

Allegation against the present appellants are of causing gunshot fire at the police personnel but no body had sustained any gunshot injury.

It is submitted by learned counsel for the present appellants that from the date of passing of impugned judgment, they are in custody. Fine amount has already been deposited by the appellants. Final disposal of the appeal will take some time. Co-accused Randheer has already been granted benefit of suspension of sentence vide order dated 16.06.2023 passed in CRA No.6901/2023. Hence, prayed for suspension of jail sentence and grant of bail.

Learned counsel for the State opposed the suspension application and Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/27/2023 2:09:37 PM

prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, I A is allowed and it is directed that jail sentence of appellants will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 18th December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/27/2023 2:09:37 PM