Madhya Pradesh High Court
Ramjilal vs The State Of Madhya Pradesh on 30 October, 2023
Author: Rohit Arya
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 : 30-10-2023
Shri A.K.Jain - Advocate for appellants No.1, 5 and 6.
Smt. Anjali Gyanani - Public Prosecutor for respondent/State.
Heard on I.A. No.16915/2023, which is sixth application under Section
389 (1) of CrPC for suspension of sentence and grant of bail filed on behalf of
appellant No. 1 - Ramjilal; I.A. No.16905/2023, which is second
application under Section 389 (1) of CrPC for suspension of sentence and grant
of bail filed on behalf of appellant No. 5 - Dhan Singh and I.A.No.I.A.
No.16924/2023, which is fourth application under Section 389 (1) of CrPC for
suspension of sentence and grant of bail filed on behalf of appellant No. 6 -
Mukesh.
Fifth application for interim bail filed by appellant No.1-Ramjilal was
allowed vide order dated 13.07.2021. Sixth application for interim bail filed by
appellant No.1- Ramjilal was allowed vide order dated 08.07.2022. First
application for suspension of sentence filed by the appellant No.5 - Dhan Singh
was dismissed as withdrawn vide order dated 20.09.2019. Third application for
suspension of sentence filed by appellant No.6- Mukesh was dismissed as
withdrawn vide order dated 09.09.2022.
The appellant No.1-Ramji Lal has so far undergone actual jail sentence
for 8 years, 8 months and 16 days, the appellant No.5 - Dhan Singh has so far
undergone actual jail sentence for 9 years, 3 months and 10 days and the
appellant No.6 - Mukesh has so far undergone actual jail sentence for 9 years, 3
months and 03 days.
Appellants No. 1, 5 and 6, namely, Ramjilal, Dhan Singh and Mukesh
respectively 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 (appellant No.1) armed with stick, Sukha armed with
Farsa, Jaswant armed with stick, Lokendra armed with axe, Mukesh (appellant
No.6) and Dan Singh (appellant No.5) armed with stick reached there by red
coloured Mahindra Tractor with common intention jumped into the agricultural
field with the tractor and 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 No.1- Ramjilal has undergone
actual jail sentence for 8 years, 8 months and 16 days, the appellant No.5 -
Dhan Singh has undergone actual jail sentence for 9 years, 3 months and 10
days and the appellant No.6 - Mukesh has undergone actual jail sentence for 9
years, 3 months and 03 days. 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 and Sukha has already been given the benefit
of suspension of sentence and enlarged on bail vide order dated 13.10.2023.
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 appellants 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 appellants.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon the rival contentions so advanced touching the merits of
the case, but regard being had to the fact that present appellants No.1 Ramjilal,
5. Dhan Singh and 6. Mukesh have undergone long jail incarceration and the
appeal is not likely to be decided in the near future and looking to the fact that
co-accused Lokendra, Jaswant and Sukha have been extended the benefit of
bail, we are of the view that present appellants are entitled to the benefit of
suspension of sentence and grant of bail.
A c c o r d in g ly, I.A.No.16915/2023, I.A.No.16905/2023 and
I.A.No.16924/2023 stand allowed and it is directed that the jail sentence of
appellant No.1 - Ramjilal, appellant No.5 - Dhan Singh and appellant No.
6 - Mukesh shall remain suspended during pendency of the present appeal and
they shall be released on bail subject to verification of the factum of depositing
t h e fine amount and on their furnishing a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac only) each with one solvent surety in the like
amount each to the satisfaction of the Trial Court.
Appellants No.1, 5 and 6 are directed to appear before the Registry of
this Court, first, on 20.11.2023 and on other subsequent dates as may be fixed
in this behalf.
Accordingly, the said IAs stand allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant applications and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
AK/-
ANAND
KUMAR
2023.10.31
10:02:16
+05'30'
