Ramdeen vs The State Of Madhya Pradesh
2023 Latest Caselaw 7565 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 7732 of 2021
                                          (RAMDEEN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-05-2023
                                 Shri Manish Datt - Senior Counsel with Shri Pawan Gujar - Advocate

                          for the appellants no. 2 and 5.
                                 Shri Anurag Prajapati - Advocate for appellant no.1.
                                 Shri Karuna Nidhi Bundela - Advocate for appellant no.3.
                                 Shri Raghvendra Shukla - Advocate for the respondent/State.

Heard on I.A. Nos.9675/2023, 18167/2022 and 10930/2022, these are the second application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant no.3 Banda Yadav, appellant no.2 Jasvendra and appellant no.5 Veeran @ Virendra and appellant no.1 Ramdeen.

The appellants have been convicted for the offence punishable under Sections 148 of the IPC and sentenced them to undergo RI for one year with fine of Rs.1,000/- each and Section 307 of the IPC and sentenced them to undergo RI for five years and with fine of Rs.5,000/- each with default

stipulation.

Learned counsel for the appellants submitted that the trial Court without appreciating the evidence properly, wrongly convicted the appellants for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. It is further submitted that bail application for suspension of sentence of co-accused Ankush Yadav has already been allowed by co-ordinate Bench of this Court vide order dated 29/4/2022 passed in Cr.Appeal no.7727/2021. The appellants are in custody Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/10/2023 4:35:15 PM

since the date of judgement. Hence, prayed for suspension of the jail sentence and release of the appellants on bail since the hearing of this appeal is likely to take long time.

Learned counsel for the State opposed the prayer and submitted that the guilt of the appellants is proved beyond reasonable doubt, so the learned trial Court did not commit any mistake in finding the appellants guilty for the aforesaid offences. He further submits that earlier bail applications for suspension of sentence of the appellants were dismissed by the Coordinate Bench of this Court. Hence, prayed for dismissal of the application for suspension of sentence.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellants and the fact that the appellants are in custody since the date of judgment and according to listing policy, the hearing of this appeal will take time, the applications are allowed and it is directed that the execution of the jail sentence passed against the appellants namely Ramdeen, Jasvendra, Banda Yadav and Veeran @ Virendra shall remain suspended during the pendency of this appeal and they be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety in like amount to the satisfaction of the trial Court for their appearance before the trial court concerned on 05/10/2023 and on such further dates as may be fixed by it in this behalf during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy on payment of usual charges.

(ROOPESH CHANDRA VARSHNEY) JUDGE

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/10/2023 4:35:15 PM

m/-

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/10/2023 4:35:15 PM