Ramchandra Vaishya vs The State Of Madhya Pradesh
2024 Latest Caselaw 3910 MP

Madhya Pradesh High Court

Ramchandra Vaishya vs The State Of Madhya Pradesh on 9 February, 2024

Author: Vishal Mishra

Bench: Vishal Mishra

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 4746 of 2023
                                   (RAMCHANDRA VAISHYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 09-02-2024
                               Shri R.P.Singh - Advocate for appellants.

                               Shri Pramod Thakre - Government Advocate for respondent/State.

I.A. No.2969 of 2024, a second application for suspension of jail sentence and grant of bail has been filed by the appellant No.1 - Ramchandra Vaishya. The first application was dismissed as withdrawn vide order dated

30.06.2023.

2. This criminal appeal assails the judgment dated 14.02.2023 passed in S.T. No.08/2019 by the learned Sessions Judge, Singrauli, Headquarter Waidhan, whereby the appellant No.1 - Ramchandra Vaishya has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo R.I. for 5 years and fine of Rs.10,000/-, with default stipulations.

3. The case of the prosecution is that on 25.10.2018 Police of P.S.Morwa received an information regarding quarrel between the parties and on this the police reached at the spot and complainant lodged Dehati Nalishi stated therein

that they have previous enmity and on 25.10.2018 at 1:30 noon when the complainant went for agricultural work, on the way both the appellants met with him and owing to some previous enmity committed Marpeet with him. On the basis of the aforesaid, FIR has been registered for the offence under Section 307 of the Indian Penal Code against the present appellants. After due investigation, the charge sheet has been filed. It is stated that a counter-case has also been registered by the appellant which was registered as S.T.No.13/2019 for the offence punishable under Section 326 of Indian Penal Code.

4. It is argued that the allegation against the present appellant is of caught hold of the injured and the injuries were being inflicted by the other co-accused by means of Axe. The injuries are medically corroborated. He has already suffered for one year and two months in the custody. Hence, he prays for suspension of sentence and grant of bail.

5. Per contra, counsel appearing for the State has opposed the the application pointing out the fact that there are specific allegations against the present appellant No.1. Had it been a condition that the appellant does not caught hold of the injured, the other co-accused persons would not have been inflicted injuries by means of an Axe.It is also submitted that PW-1 Gulab Prasad

Vaishya and PW-2 Shrilaxmi Bais have supported the case of prosecution in their statements. The manner in which the injuries have been inflicted which are found to be medically corroborated, no case for suspension of sentence and grant of bail is made out.

6. Considering the overall facts and circumstances of the case, this Court does not deem it appropriate to allow the application for suspension of sentence and grant of bail.

6. The application (I.A.No.2969 of 2024) is hereby rejected.

(VISHAL MISHRA) JUDGE

AM