Rangiya @ Rangu vs The State Of Madhya Pradesh
2023 Latest Caselaw 17038 MP

                                                                 1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 658 of 2023
                                       (RANGIYA @ RANGU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-10-2023
                                 Shri Abhay Saraswat, learned counsel for the appellant.

                                 Shri Ajay Raj Gupta, learned PL for the respondent/State.

Heard on IA No. 14691/2023, first application for suspension of sentence of appellant No. 1 Rangiya @ Rangu.

2. Counsel for the appellant submits that identically placed appellants Toliya @ Vijiya in CRA No. 4001/2023 and co-accused Prabhu, Laxman,

Badiya, Jagmal, Kehsingh, Karma, Vijiya, Bheru, Sukha @ Hukka @ Sukharam, Harsan, Rahjig, Veliya, Tehsingh @ @ Tersingh, Kesha, Gautam, Vesha, Jaggu and Kailash @ Ketash in CRA No. 658/2023 have been granted suspension of sentence.

3. The appellant has been convicted u/Ss.148, 436/149 and 452/149 of IPC and respectively sentenced to undergo RI for three years with fine of Rs.1000/-, seven years RI with fine of Rs.1000/- and five years RI with fine of Rs.1000/- with default stipulation.

4. Counsel for appellant submits that as per the prosecution case, one

Partha (PW.1) lodged a report on 23.11.2007 to the effect that a quarrel had taken place on 22.11.2007 between 'Dama Family' and 'Dindor Family' of his village and due to that animosity, about 67 persons armed with deadly weapons and inflammable goods, kerosene oil, grass bundle etc. ablazed fire on the huts. About 34 dwelling houses have been burnt.

5. Counsel for appellant submits that the matter was compromised even during trial. He referred to para three of the impugned judgment to state that Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 12-10-2023 17:59:35

except one accused Hurtan, the complainants have compromised the matter with all accused persons. The damage caused to the complainants have been compensated. It is further submitted that the appellant has been convicted with the aid of Sec.149 of IPC and omnibus allegations have been made. In all 59 persons have been convicted. Incident is said to have taken place in the year 2007 and the appellant was on bail during trial. He did not misuse the liberty.

6. Counsel for State opposed the prayer.

7. Considering the aforesaid submissions, the IA No.14691/2023 is allowed. The substantive jail sentence of the appellant No. 1 Rangiya @ Rangu is suspended upon depositing the fine amount, if not already deposited, and on

furnishing bail bond of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial court for appearance before the Registry of this Court on 09.01.2024 and on the subsequent dates as may be fixed in this behalf by the Registry.

8. As a consequence, IA for urgent hearing is also disposed off. CC as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 12-10-2023 17:59:35