Madhya Pradesh High Court
Ramdeen Jatav vs The State Of Madhya Pradesh on 29 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3042 of 2022
(RAMDEEN JATAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 29-02-2024
Shri Gaurav Mishra - Advocate for the appellants No.1 and 2.
Shri Pavan Singh Raghuvanshi - Public Prosecutor for the State.
Heard on I.A.Nos.18218 of 2023 and 22516 of 2023, first applications
under Section 389(1) Cr.P.C. filed on behalf of appellants No.1 and 2, namely,
Ramdeen Jatav and Ranveer Singh respectively for their suspension of
sentence and grant of bail.
2. Appellants stood convicted for the offence punishable under Section
302/149 of IPC and sentenced to undergo life imprisonment with fine of
Rs.500/-; under Section 307/149, IPC to undergo RI for 05 years with fine of
Rs.500/- and under Section 148 of IPC to undergo RI for 01 year with fine of
Rs.200/- with default stipulation vide judgment of conviction and order of
sentence dated 15.02.2022 passed by Sixth Additional Sessions Judge, Morena
in Sessions Trial No.59 of 2015.
3. Prosecution story, as found proved, is that on 24.10.2014 complainant
Beer Singh and his brother Kishorilal were returning on a Motorcycle to their
village from Village Jaura Khurd after attending a feast. The Motorcycle was
being driven by complainant while his brother Sobaran was riding pillion. As
they came in front of Maida factory, they found that appellants were standing
there and Premchand was having a Mouser pistol in his hand. Being terrified,
they sped towards Morena and as they reached near the T-point situate at
Morena Village, Pemchand fired from behind hitting his brother on his back. At
the T-point, they also saw Vishal, Rambaran, Ratansingh, Balveer and Vinod
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 01-03-2024
10:55:48 AM
2
who abused and shouted that they would not be left alive. Thereafter, Vishal
fired from his country made pistol at the complainant but it missed the target.
All the miscreants were abusing filthily. The incident was witnessed by Dhruv
Singh and Bhura who were also present at the spot. On the basis of aforesaid,
FIR was registered. Upon collection of incriminating material and recording of
statements, challan was filed and case was committed to the Sessions Court.
The learned Sessions Court, after critical evaluation of the evidence on record,
has convicted and sentenced the present appellants No.1 and 2, as aforesaid.
4. Learned counsel for the appellants while taking exception to the
impugned judgment, inter alia, submits that appellants are innocent and has
been falsely implicated. The conclusions drawn by the Court below are based
on surmises and conjectures. It is submitted that no specific overt act has been
attributed to the present appellants. The appellants have already undergone jail
sentence of almost 02 years and 03 months. Moreso, they seeks parity with
orders dated 23.09.2023 & 01.12.2023 passed in connected Criminal Appeals
No.2440 of 2022, 2200 of 2022 & 2058 of 2022 granting benefit of suspension
of sentence to similarly placed co-accused Vinod Kumar, Balveer & Ramwaran
respectively. That apart, the appeal is of the year 2022 and there is no likelihood
of final disposal of this appeal in near future. Under such circumstances, prayer
is made for suspension of sentence and grant of bail to present appellants No.1
and 2.
5. Per contra, learned counsel for the respondent/State, opposes the
application supporting the impugned judgment with submission that the trial
Court after critical examination of the evidence placed on record, has
convicted the present appellant; hence, no exception can be taken in the matter
of grant of benefit of suspension of sentence.
6. Upon hearing learned counsel for the parties, though this Court
refrains from commenting on rival contentions touching the merits of the case,
but regard being had to the fact that the present appellants so far has undergone
the jail incarceration of 02 years and 03 months coupled with the fact similarly
placed co-accused Vinod, Balveer & Ramwaran in connected Criminal Appeals
No.2440 of 2022, 2200 of 2022 & 2058 of 2022 have already been extended
the benefit of suspension of sentence vide orders dated 23.09.2023 &
01.12.2023 under similar facts and circumstances and that appeal is of the year
2022 and there is no likelihood of early hearing of this appeal in near future, we
are of the view that jail sentence of the appellants No.1 and 2 deserve to be
suspended and they be enlarged on bail.
7. Accordingly, it is directed that the jail sentence of appellants No.1 &
2, namely, Ramdeen Jatav and Ranveer Singh shall remain suspended and
they be released on bail on furnishing a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac only) each with one solvent surety each in
the like amount to the satisfaction of the trial Court concerned. Appellants No.1
and 2 are directed to appear before the Registry of this Court first on
30.05.2024 and on other subsequent dates as may be fixed in this behalf.
8. Accordingly, the said I.As. stand allowed and disposed of.
9. Observations on facts, if any, are only for the purpose of disposal of
the instant applications for suspension of sentence and shall have no bearing on
the merits of the appeal.
10. Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
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