Ramjilal vs The State Of Madhya Pradesh
2023 Latest Caselaw 17091 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 1151 of 2014
                                           (RAMJILAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-10-2023
                                 Shri A.K. Jain - Advocate for appellant.

                                 Shri G.S. Chauhan - Public Prosecutor for respondent/State.

Heard on I.A. No.16911/2023, which is second application under Section 389 of CrPC for suspension of sentence and grant of bail filed on behalf of appellant No. 2 - Sukha.

First application for suspension of sentence and grant of bail filed by

appellant-Sukha was dismissed as withdrawn vide order dated 27.10.2017.

The appellant-Sukha has so far undergone actual jail sentence for 9 years and 8 months.

Appellant - Sukha stood convicted under Section 302/149 of IPC and sentenced to imprisonment for life with a fine of Rs.2,000/-; under Section 148 of IPC and sentenced to pay fine of Rs.2,000/- with default stipulations vide judgment of conviction and order of sentence dated 13.10.2014 passed by Third Additional Sessions Judge, Shivpuri in Sessions Trial No.204/2011.

Prosecution story, as found, proved, is that on 07.07.2011 at about

08:00 AM, the deceased Raju @ Rajkumar went towards his agricultural field, where Pappu Adivasi was ploughing the agricultural field by the tractor and Feran, Shishupal, Pappu Adivasi were also there. At that time, all the accused persons, namely, Ramjilal armed with stick, Sukha (appellant No. 2) armed with Farsa, Jaswant armed with stick, Lokendra armed with axe, Mukesh and Dan Singh armed with stick reached there by red coloured Mahindra Tractor with common intention jumped into the agricultural field with the tractor and Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 13-10-2023 06:37:09 PM

Lokendra Lodhi assaulted Raju with an intention to kill him by axe, which caused injuries upon his hand and head and he fell down, then all the accused persons started to assault him by Lathi, Farsa and axe until his death. On the basis of such report, an offence was registered by Police Station Kolaras, District Shivpuri at Crime No.229/2011 under Sections 302, 147, 148, 149 of IPC and the matter was investigated into. Upon completion of investigation, challan was filed. The Sessions Court on appreciation of evidence placed on record convicted and sentenced the present appellants.

Learned counsel for appellants while taking exception to the impugned judgment inter alia supported the instant application primarily on the ground of

long jail incarceration as so far, the appellant-Sukha has undergone actual jail sentence for 9 years and 8 months. He further submits that no specific act has been alleged against the appellant. Co-accused Lokendra and Jaswant have already been given the benefit of suspension of sentence and enlarged on bail vide common order dated 06.09.2023. That apart, it is submitted that Sessions Court has not appreciated the evidence placed on record in correct perspective. The judgment suffers from surmises and conjectures. It is also submitted that the appeal being of 2014 is not likely to be decided in the near future. On these grounds, learned counsel submits that the present appellant may also 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 impugned judgment 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 refrains Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 13-10-2023 06:37:09 PM

from commenting upon the rival contentions so advanced touching the merits of the case, but regard being had to the fact that present appellant has undergone long jail incarceration and the appeal is not likely to be decided in the near future as well as on the ground of parity, 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.16911/2023 stands allowed and it is directed that the jail sentence of appellant No.2 - Sukha 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.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the Trial Court.

Appellant is directed to appear before the Registry of this Court, first, on 14.12.2023 and on other subsequent dates as 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 application and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

                             (ROHIT ARYA)                                   (SATYENDRA KUMAR SINGH)
                                JUDGE                                                JUDGE

                           Abhi




Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 13-10-2023
06:37:09 PM