Rambabu vs The State Of Madhya Pradesh
2024 Latest Caselaw 4389 MP

Madhya Pradesh High Court

Rambabu vs The State Of Madhya Pradesh on 15 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                            CRA No. 16121 of 2023
                 (RAMBABU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 15-02-2024
       Shri Rohit Shrivastava - Advocate for the appellant No.1- Rambabu.

       Shri Madhukar Kulshrestha Advocate for the respondents No.2 to 4.

Shri Prabhat Pateriya - Dy. Public Prosecutor for respondent/State. The appeal being arguable is admitted for final hearing. Heard on I.A.No. 23758 of 2023, first application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellants

No.1 Rambabu, appellant No.3 Manoj and the appellant No.4 Amar Singh and I.A.No.1854 of 2024, first application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant No.2 Ballu alias Kallu alias Dilip.

The appeal has been preferred by the appellants under Section 374 of Cr.P.C. against the impugned judgment of conviction and sentence dated 15.12.2023 passed by First Additional Sessions Judge, Jaura, District Morena (M.P.) in Special Case No. 225/2018 whereby appellants have been convicted and sentenced under Sections 326 read with Section 34 and 323 read with

section 34 of IPC to undergo rigorous imprisonment of five years with fine of Rs.5000/- and Rs.1000/- each, with default stipulations.

Learned counsel for the appellants argued that the appellants have wrongly been convicted without appreciating the evidence properly on record. Further submission is that there are material contradictions and omissions in the statements of the prosecution witnesses. The para 2 of the impugned judgment indicates that the complainant/injured and the appellants have settled their matter

on account of which learned trial Court at para 2 of the impugned judgement acquitted the appellants. Further submission is that this criminal appeal is likely to take long time to come up for final hearing and appellants have hope and believe that they would succeed, therefore, prayed to suspend the jail sentence of the appellants.

On the other hand, learned Dy. Public Prosecutor for respondent/State opposed the application and prayed for rejection of the same.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal

bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. They are further directed to mark their presence before the Registry of this Court on 21.5.2024 and on subsequent dates as may be given in this regard till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AK/-

ANAND KUMAR 2024.02.16 10:44:11 +05'30'