Madhya Pradesh High Court
Ramkumar Raghuwanshi vs The State Of Madhya Pradesh on 7 February, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12694 of 2023
(RAMKUMAR RAGHUWANSHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 07-02-2024
Shri Ashish Singh Jadoun- Advocate for appellants.
Shri Dheeraj Budholiya- Panel Lawyer for respondent- State.
Heard on the question of admission.
Record of the trial Court has been received.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No.21895 of 2023, first application under Section
389(1) Cr.P.C. moved on behalf of appellant No.1 Ramkumar
Raghuwanshi & appellant No.2- Ashok Raghuwanshi seeking suspension
of jail sentence and grant of bail.
Learned Counsel for the appellants requests for withdrawal of IA
No.21895 of 2023 with regard to suspension of jail sentence and grant of bail of
appellant No.1 Ramkumar Raghuwanshi.
Accordingly, IA No. 21895 of 2023 is dismissed as withdrawn so far
as it relates to appellant No.1 Ramkumar Raghuwanshi.
Appellant No.2- Ashok Raghuwanshi stood convicted under Section
307 read with Section 34 of IPC and sentenced to undergo five years' rigorous
imprisonment with fine of Rs.2,000/- with default stipulation vide judgment of
conviction and sentence dated 25-09-2023 passed by Third Additional Sessions
Judge to the Court of First Additional Sessions Judge, Ashok Nagar in
Sessions Trial No. 98 of 2017.
Learned Counsel for the appellants submits that the impugned judgment
passed by Trial Court is based on assumption, conjectures and surmises. The
Trial Court has committed an error in convicting and sentencing the present
appellant without appreciating prosecution evidence properly. There are material
contractions and omissions in the evidence of witnesses. Learned Counsel
further submits that appellant No.2 Ashok Raghuwanshi remained in custody
for a period of 31 days during trial and from the date of passing of judgment i.e.
25-09-2023, he is undergoing sentence of imprisonment. Learned Counsel
further contends that present appellant was aged around 62 years at the time of
incident and now he is aged more than 68 years. Both the parties are close
relatives. No criminal antecedent is reported against the appellant. There is no
likelihood of hearing of appeal in near future. On these grounds, learned
Counsel prays that execution o f remaining jail sentence of present appellant
may be suspended and he may be enlarged on bail.
Per contra, learned Counsel for respondent State opposes the
application and prays for its rejection.
Upon hearing learned Counsel for the parties, regard being had to old-age
of appellant No. 2 Ashok Raghuwanshi but without commenting upon rival
contentions touching merits of the case, this Court is of the view that
application so far as it relates to appellant No.2 Ashok Raghuvanshi deserves to
be allowed. It is, accordingly directed that execution of remaining jail sentence
o f appellant No. 2 Ashok Raghuwanshi shall remain suspended during
pendency of this appeal and he shall be enlarged on bail subject to furnishing
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only)
with one solvent surety in the like amount to the satisfaction of Trial Court
and also subject to deposit of the fine amount (if not already deposited) for
their appearance before the Registry of this Court on 20th of March, 2024
and on further dates as may be directed by the Registry in that regard.
Accordingly, IA No.21895 of 2023, stands allowed and disposed of.
List for final hearing in due course.
CC as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
MKB
