Ratan vs The State Of Madhya Pradesh
2023 Latest Caselaw 7465 MP

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   HIGH COURT OF MADHYA PRADESH AT INDORE
            CRIMINAL APPEAL NO.6016 OF 2023
         (Ratan and Others vs The State of Madhya Pradesh)


Indore, Dated 08.05.2023
      Mr. Ashish Gupta, counsel along with Ms. Kajal
Raghuvanshi, counsel for the appellants.
      Mr. Tarun Pagare, counsel for the respondent/State.

Let record of the trial Court be requisitioned. Heard on IA No.6277/2023 which is first application under Section 389 (1) of Criminal Procedure Code, 1973, filed on behalf of appellants namely; appellant No.1 Ratan S/o Harchandra Bheel, appellant No.2 Shankar S/o Harchandra Bheel, appellant No.3 Prabhu S/o Mangilal Bheel, appellant No.4 Babulal S/o Gheesaji Banjara, appellant No.5 Jeevan S/o Biharilal Banjara and appellant No.6 Mangilal S/o Chatra Bheel who have been convicted by learned Third Additional Sessions Judge, Ratlam (MP) in Session Trial No.188/2014 vide judgment dated 25.04.2023 and has been sentenced them as under:

              Conviction                           Sentence
     Section & Act    Imprisonment         Fine     Imprisonment in
                                          Amount      lieu of fine
      148, 323/149,    2 years, 1          100/-       15 days RI
     324/149 IPC &    year, 3 years

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.6016 OF 2023 (Ratan and Others vs The State of Madhya Pradesh)

Section 25(1-B) and one year (B) Arms Act for appellant No.1 -

Ratan.

       148, 323/149,     2 years, 1           100/-   15 days RI
      324/149 IPC &     year, 3 years
      Section 25(1-B)   and one year
     (B) Arms Act for
     appellant No.2 -
         Shankar.
       148, 323/149,     2 years, 1           100/-   15 days RI
      324/149 IPC &     year, 3 years
      Section 25(1-B)   and one year
     (B) Arms Act for
     appellant No.3 -
          Prabhu.
      148, 323/149,     2 years, 1 year       100/-   15 days RI
     324/149 IPC for     and 3 years.
     appellant No.4 -
        Babulal.
      148, 323/149,     2 years, 1 year       100/-   15 days RI
     324/149 IPC for     and 3 years.
     appellant No.5 -
         Jeevan.
      148, 323/149,     2 years, 1 year       100/-   15 days RI
     324/149 IPC for     and 3 years.
     appellant No.6 -
        Mangilal

Counsel for the appellants submits that the jail sentence of the appellants have already been suspended after conviction. They were on bail during trial and they have not misused the

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.6016 OF 2023 (Ratan and Others vs The State of Madhya Pradesh)

liberty so granted to them. There is no likelihood of early hearing of this appeal in near future. With these submissions, suspension has been sought.

Per contra, counsel for the State supports the impugned order of conviction and sentence and prays for rejection of the same.

After hearing learned counsel for the parties and taking into consideration the fact that the jail sentence of the apellants have already been suspended and they were on bail during trial and have not misused the liberty so granted to them and that there is no likelihood of early hearnig of this appeal in near future, without expressing anything on merits of the case, the application IA No.6277/2023 is being allowed.

It is directed that substantive jail sentence of appellants namely; appellant No.1 Ratan S/o Harchandra Bheel, appellant No.2 Shankar S/o Harchandra Bheel, appellant No.3 Prabhu S/o Mangilal Bheel, appellant No.4 Babulal S/o Gheesaji Banjara, appellant No.5 Jeevan S/o Biharilal Banjara and appellant No.6 Mangilal S/o Chatra Bheel shall

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.6016 OF 2023 (Ratan and Others vs The State of Madhya Pradesh)

be suspended subject to their depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) each with one solvent surety each of like amount to the satisfaction of trial Court for their appearance before the Registry of this Court on 16.08.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA No.6277/2023 stands disposed of.

List the appeal along with record for admission. Certified copy as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2023.05.09 11:08:16 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.6016 OF 2023 (Ratan and Others vs The State of Madhya Pradesh)