Ramvilas vs The State Of Madhya Pradesh
2023 Latest Caselaw 3898 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 424 of 2012
                                          (RAMVILAS AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-03-2023
                                Smt. Durgesh Gupta - Advocate for the appellants.

                                Shri Alok Agnihotri - Deputy Government Advocate for the
                          respondent/State.

Heard on I.A. No.1571/2023 which is the repeat (Eighth) application filed under Section 389(1) of the Code of Criminal Procedure on behalf of appellant

No.2 namely Imratlal for suspension of sentence and grant of bail.

Vide the impugned judgment dated 04.02.2012 passed by the First Additional Sessions Judge, Hoshangabad in S.T. No.155/2009, appellant No.2 namely Imratlal has been convicted under Sections 302, 325/34 and 323/34 of the Indian Penal Code and sentenced thereunder to suffer RI for life with fine of Rs.1000/-, RI for two years with fine of Rs.1000/- and only fine of Rs.1000/- respectively with default stipulations.

Le a r n e d counsel for the appellant submits that the present appellant/Imratlal is in jail since 30.06.2009 and completed almost 14 years in

incarceration. She submits that other co-appellants have already been enlarged on bail. According to the counsel for the appellant, though the present appellant is the main accused but even otherwise considering the manner in which incident occurred, it can be easily gathered that the incident was not premeditated and as such, case of 302 is not made out against the present appellant. She further submits that in view of the decision of the Supreme Court since the period of custody is almost 14 years, the present appellant is entitled to be released on bail because the appeal will take time to be finally heard. Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 3/14/2023 10:38:55 AM

On the other hand, the counsel appearing for the State has opposed the submission made by the counsel for the appellant and submitted that the present appellant/Imratlal is the main accused and the injury caused by him was the cause of death and as such, the application for suspension of sentence and grant of bail deserves to be rejected.

Considering the submissions made by the counsel for the parties and after perusal of record, we are inclined to consider this application only on the ground that the period of incarceration of appellant No.2/Imratlal is almost 14 years. Therefore, without commenting anything on the merits of the case, I.A. No.1571/2023 allowed.

It is directed that appellant No.2 namely Imratlal shall be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with a surety bond of like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 19.07.2023 and on such other dates as may be fixed by the Registry in this regard.

Accordingly, I.A. Nos.1571/2023 is allowed.

List this case for final hearing in due course.

Certified copy as per rules.

                             (SANJAY DWIVEDI)                                         (VISHAL DHAGAT)
                                  JUDGE                                                    JUDGE

                          ac/-




Signature Not Verified
Signed by: ANIL
CHOUDHARY
Signing time: 3/14/2023
10:38:55 AM