Madhya Pradesh High Court
Ramjilal @ Chhunna Baghel vs The State Of Madhya Pradesh Thr. on 2 November, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 668 of 2015
(RAMJILAL @ CHHUNNA BAGHEL Vs THE STATE OF MADHYA PRADESH THR.)
Dated : 02-11-2023
Shri Kiran Kumar - Advocate for the appellant.
Shri A.K. Nirankari - Govt. Advocate for the respondent/State.
Heard on I.A.No.17736 of 2023, ninth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant Ramjilal alias Chunna Bhaghel.
Present appellant stood convicted under Sections 302 and 148 IPC and
sentenced to undergo imprisonment for life and three years with a fine of
Rs.7,000/- and Rs. 2000/- respectively with default stipulation vide judgment of
conviction and order of sentence dated 24.06.2015 passed by Additional
Session Judge, Gohad, Distt. Bhind (M.P.) in Sessions Trial No.297/2011.
The present appellant so far has undergone jail sentence of 10 years one
month and four days.
As per prosecution story, on 3.7.2011 at about 3:30 pm, when
complainant Jandel Singh was going somewhere from the culvert of the village
at that time Ramjilal, Bhaghel, Ballo Bhaghel and their relative Rajiv Bhaghel
started hurling abuses to him due to old animosity. These people were appeased
by Nathu and others of the village whereafter they went to their respective fields.
After some time at about 4:00 pm, when complainant Jandel Singh and his
nephew Lakhan Singh proceeded towards their field then they found accused
Ramjilal wielding Mouser, Ballo having 315 bore country made pistol and their
relative Raju Bhaghel of Hurawali carrying 315 bore gun and some other
accused i.e Suresh, Banti, Purshottam and Mukesh were inflicting Lathi blows
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Signed by: ABDUR RAHMAN
Signing time: 03-Nov-23
1:01:26 PM
upon Munna Bhaghel. When Munna screamed, and on which his nephew
Lakhan Singh had rushed to rescue him, Ramjilal with an intention to cause
death of Lakhan Singh fired by means of Mouser gun which passed through his
right back to right armpit, through which blood started oozing out. Rajiv also
fired, the bullet of which hit on the left shoulder of Lakhan Singh and due to
which he fell down on the ground. Accused Ballo also fired by means of 315
bore country made pistol, the bullet of which hit on his right calf ankle of leg
causing injury and due to which blood started oozing out. Dashrath, Rajveer,
Ramkrishna and complainant Jandel intervene and rescued. Rajveer snatched
the gun of Ramjilal and due to scuffle gun got broken. After such incident
accused fled away from the spot. On the basis of such information, dehati
nalisi Ex. P/1 was reduced in writing u/s 307/34 IPC and on the basis of which
FIR was registered. Lakhan Singh who had sustained gun shot injury
succumbed to it while proceeding towards the hospital. Investigation was set in
motion. Upon completion of investigation including recording of statements,
collection of evidence and necessary formalities, challan was filed before the
JMFC, Gohad, District Bhind (M.P.) from where the case was committed to the
Sessions Court. The Sessions Court on appreciation of evidence placed on
record convicted and sentenced the present appellant.
Learned counsel for appellant while taking exception to the impugned
judgment of conviction and order of sentence submits that the Sessions Court
has not appreciated the evidence placed on record in correct perspective. The
judgment suffers from surmises and conjectures. It is submitted that the present
appellant had no animosity with the deceased and he has falsely been implicated
in the instant case. It is further submitted that present appellant has so far
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undergone incarceration of 10 years one month and four days. It is further
Signed by: ABDUR RAHMAN
Signing time: 03-Nov-23
1:01:26 PM
submitted that the appeal being of 2015 is not likely to be decided in the near
future. Co-accused Suresh, Banti, Mukesh and Puroshottam are on bail. On
these grounds, learned counsel submits that the present appellant may be
extended the benefit of suspension of sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
present appellant so far has undergone incarceration of 10 years, one month and
four days and the appeal which is of the year 2015 is not likely to be decided in
the near future, we are of the view that present appellant is entitled to the benefit
of suspension of sentence and grant of bail.
Accordingly, I.A.No.17736 of 2023 stands allowed and it is directed that
the jail sentence of present appellant shall remain suspended during pendency of
the present appeal and he shall be released on bail subject to verification of the
factum of depositing the fine amount and on his furnishing a personal bond in
the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in
the like amount to the satisfaction of the Trial Court subject to verification of
factum regarding deposit of fine amount.
Appellant Ramjilal alias Chunna Bhaghel is directed to appear before the
Registry of this Court first on 02.01.2024 and on other subsequent dates as
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Signed by: ABDUR RAHMAN
Signing time: 03-Nov-23
1:01:26 PM
may be fixed in this behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
ar
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Signed by: ABDUR RAHMAN
Signing time: 03-Nov-23
1:01:26 PM
