Madhya Pradesh High Court
Ramcharan vs The State Of Madhya Pradesh on 11 May, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-10426-2022
(RAMCHARAN AND OTHERS Vs . STATE OF MADHYA PRADESH)
DATED:- 11-05-2023
Shri Atul Gupta- Advocate for the appellants No. 2 to 7, 9, 11, 12
and 14.
Shri Brajesh Kumar Tyagi - Advocate and Shri Amit Lahoti -
Advocate for appellants No. 8 and 10.
Shri Rishikesh Bohare - Advocate for respondent No. 13.
Shri Rajendra Singh Yadav - Public Prosecutor for the
respondent/State.
Heard on I.A. No.5043/2023, 1st application under Section 389 (1)
of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
the appellant No.13 - Vinod.
Learned counsel for the appellants seeks permission of this Court to
withdraw this application.
Accordingly, I.A. No.5043/2023 is dismissed as withdrawn.
Heard on I.A. No.8626/2023, 1st application under Section 389 (1)
of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
the appellants No. 2 to 7, 9, 11, 12 and 14, namely, Sumer Singh,
Babloo, Deewan Singh, Pappu, Gulab Singh, Ganeshram, Manish,
Radheyshyam, Maan Singh and Vikram Singh respectively and I.A.
No.6281/2023, 1st application under Section 389 (1) of Cr.P.C. for
suspension of sentence and grant of bail moved on behalf of the
appellants No. 8 and 10, namely, Parwat Singh and Sunil respectively
and I.A. No.8290/2023, 1st application under Section 389 (1) of Cr.P.C.
for suspension of sentence and grant of bail moved on behalf of the
appellant No. 13 - Vinod.
This appeal has been preferred against the judgment dated
07/11/2022 passed by Additional Sessions Judge, Chachauda, District-
Guna (M.P.) in S.T. No.53/2014, whereby the appellants have been
convicted and sentenced as under:-
Sections Sentence Fine (Rs.) Default Stipulation
148 of IPC 1 Year RI 300/- 1 Month RI
450 of IPC (4 counts) 7 Years RI 500/- 6 Months RI
435/149 of IPC (2 counts) 3 Years RI 350/- 1 Month RI
427/149 of IPC (2 counts) 1 Year RI 200/- 1 Month RI
323/149 of IPC (6 counts) 1 Year RI 200/- 1 Month RI
342/149 of IPC (2 counts) 6 Months RI 200/- 1 Month RI
397 of IPC (2 counts) 7 Years RI 500/- 6 Months RI
Prosecution story, in short, is that on 31/05/2013, the complainant-
Vinod Shrivastava alongwith Sunil Sharma lodged the report alleging that
he lives in village Batwada and on the previous night, daughter of co-
accused- Parwat Singh Kirar was missing and few days back daughter of
one Omprakash was also went missing and the family members of the said
girls had an apprehension that complainant has played role in the incident
of missing girls. On that issue, at about 6:00 AM in the morning,
appellants alongwith co-accused persons, armed with Sticks, Luhangi,
Axe and Farsa who were about 25 in number had assembled at the house
of the complainant and caused their marpeet and destroyed their
household articles and looted the property and cash. On the basis of
aforesaid, crime has been registered against the appellants and co-accused
persons.
Learned counsel for the appellants submits that appellants have been
falsely implicated in this case. They are not concerned with the case
directly or indirectly. The appellants have been wrongly convicted by the
learned trial Court. The appellants have suffered more than six months of
incarceration. The appellants are the permanent resident of District- Guna
(M.P.) and there are fair chances of success of this appeal and the appeal
may take long time for its conclusion and the appellants cannot be kept in
custody for an unlimited period. Learned counsel further submits that
appellant No. 1 - Ramcharan has already been granted the benefit of
suspension of sentence vide order dated 09.02.2023 passed by a
coordinate Bench of this Court. Under these circumstances, the execution
of sentence be suspended and the appellants be released on bail.
On the other hand, learned Public Prosecutor appearing on behalf of
the respondent/State opposed the application and prayed for rejection of
this application.
Keeping in view the aforesaid submissions of learned counsel for
the parties and the fact that an early hearing of this case is not possible,
I.A. No.8626/2023, I.A. No.6281/2023 and I.A. No.8290/2023 are
allowed.
It is, therefore, directed that if appellants No.2 to 14 deposit the
entire fine amount, if not already deposited, and furnish personal bond in
the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) each to the
satisfaction of trial Court for their appearance before the Registry of this
Court on 20th of October, 2023 and on such subsequent dates as may be
fixed in this regard, sentence of imprisonment awarded to them, shall
remain suspended till further orders and they shall be released on bail.
A copy of this order be sent to the trial Court concerned for
necessary compliance.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
rahul
RAHUL SINGH
Digitally signed by RAHUL SINGH PARIHAR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,
ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,
postalCode=474001, st=Madhya Pradesh,
2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4d
PARIHAR
ee473fe77953f5,
pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487,
serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D
159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR
Date: 2023.05.12 17:49:31 +05'30'
