Ramkumar @ Chhotu @ Ram Bhaiya Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 3468 MP

Madhya Pradesh High Court

Ramkumar @ Chhotu @ Ram Bhaiya Yadav vs The State Of Madhya Pradesh on 6 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 266 of 2020
                                (RAMKUMAR @ CHHOTU @ RAM BHAIYA YADAV Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-02-2024
                                Shri Sharad Verma - Advocate for the appellant.

                                Shri Ajay Shukla - Government Advocate for the respondent-State of

M.P.

Heard on I.A.No.28424 of 2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Ramkumar @

Chhotu @ Ram Bhaiya Yadav arising out of judgment dated 17.12.2019 delivered in Session Trial No.133/2018 passed by First Additional Sessions Judge, Hoshangabad District Hoshangabad (Naramdapuram).

The appellant has been convicted under Section 394 of IPC and sentenced to undergo R.I for 10 years with fine of Rs.500/- and under Section 302/34 of IPC and sentenced to undergo R.I for Life with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant while pressing the application for suspension of sentence of the appellant - Ramkumar @ Chhotu @ Ram Bhaiya

Yadav submits that the prosecution case rests on circumstantial evidence. It has alleged that the dead body of deceased was found at isolated place and upon investigation it was discovered that the present appellant was last seen with the deceased. PW-7/Sonu Yadav and PW-8/Brejesh Yadav were alleged have seen the present appellant with the deceased and also quarreling with the deceased. However, the said PW-7 and PW-8 have turned hostile in the trial. It is also stated that the seizure of money is of no consequence because currency could not be identified and seizure of other documents is also doubtful. It is also

stated that the present appellant has already undergone almost 5 years of actual jail sentence. There is no possibility of early hearing of this Appeal in near future. Thus, remaining jail sentence of the present appellant may be suspended.

The prayer is opposed by learned Government Counsel on the basis of objection.

Considering the aforesaid factual backdrop and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.28424 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant - Ramkumar @ Chhotu @ Ram Bhaiya Yadav be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial C o u r t , Hoshangabad District Ho s ha ng a ba d (Naramdapuram) on 04.04.2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

                            (SUJOY PAUL)                                                   (VIVEK JAIN)
                               JUDGE                                                          JUDGE

                         Prar