Ravindra Alias Ravendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 7929 MP

                                      1

        IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR
                             CRA-6072-2023
    (RAVINDRA @ RAVENDRA & ORS. Vs . STATE OF MADHYA PRADESH)

DATED:- 08-05-2023

      Shri B.S. Gaur- Advocate for the appellants.
      Shri Pramod Pachauri- Public Prosecutor for the respondent/State.

Heard on I.A. No.8585/2023, 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 and 3- Ramkhiladi alias khillo and Pappu alias Dalveer

respectively.

Learned counsel for the appellants seeks and is permitted to withdraw

I.A. No.8585/2023 in respect of appellant No.3 Pappu alias Dalveer.

Accordingly, I.A. No.8585/2023 stands dismissed as withdrawn in

respect of appellant No.3- Pappu alias Dalveer.

This appeal has been preferred against the judgment dated 18/04/2023

passed by 7th Additional Session Judge, Gwalior (M.P.) in S.T.

No.1300748/2014, whereby the appellant No2 Ramkhiladi alias Khillo has

been convicted and sentenced as under:-

Appellant Sections Sentence Fine (Rs.) Default Stipulation Ramkhiladi 307/149 of IPC 5 Years RI 1000/- 10 Months RI alias Khillo 325/149 of IPC 2 Years RI 500/- 6 Months RI 323/149 of IPC - 1000/- 4 Months RI 148 of IPC 10 Months RI - - 25(1-B) Arms 2 Years RI 500/- 6 Months RI Act

Prosecution story, in short, is that on 17/11/2009 at about 4-5 PM,

complainant alongwith his wife and daughter-in-law were working in the

field, at that time, appellant No.1 came there and said that he ploughed his

field. When the complainant objected the same, appellants started abusing

him. When he stopped them not to abuse, appellants assaulted him and his

wife by means of an Axe, due to which, they received injuries. Thereafter,

they ran away from the spot threatening them to dire consequences. On

the basis of aforesaid, crime has been registered.

It is submitted by learned counsel for the appellant that case of

appellant No.2- Ramkhiladi alias Khillo is similar to that of co-appellants

who have been granted suspension of sentence by this Court vide order

dated 08.05.2023. He has a good case on merits. Final hearing of the

appeal will take time. On such premises, learned counsel for the appellants

prayed for suspension of sentence.

On the contrary, learned counsel for the State opposed the application

and prayed for its rejection.

Keeping in view the aforesaid submissions of learned counsel for the

parties and the fact that early hearing of this case is not possible, I.A. is

allowed in respect of appellant No.2- Ramkhiladi alias Khillo. It is therefore,

directed that if appellant No.2- Ramkhiladi alias Khillo deposits entire fine

amount, if not already deposited, and furnishes a personal bond in the sum of

Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety of

the like amount to the satisfaction of concerned Trial Court for appearance

before the Principal Registrar of this Court on 20th October, 2023 and on

such further dates as may be fixed by the Office in this regard, sentence of

imprisonment awarded to him shall remain suspended till disposal of this

appeal and he shall be released on bail.

IA is allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary

compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ojha Digitally signed by YOGENDRA OJHA Date: 2023.05.12 17:52:33 +05'30'