Ramnivas Singh Sikarwar vs The State Of Madhya Pradesh
2024 Latest Caselaw 16574 MP

Madhya Pradesh High Court

Ramnivas Singh Sikarwar vs The State Of Madhya Pradesh on 6 June, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                        1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                               CRA No. 6643 of 2024
                            (RAMNIVAS SINGH SIKARWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-06-2024
                               Mr. Brajesh Tyagi - Advocate for the appellants.

                               Mr. Sushant Tiwari - Public Prosecutor for the respondent - State.

Registry is directed to requisition the record of the Court below.

Also, heard on I.A. No. 11128/2024, an application u/S. 389 (1) of

Cr.P.C. for suspension of jail sentence and grant of bail to the appellants

with an alternative prayer for temporary suspension of jail sentence as

record is not available.

Present criminal appeal has been filed against the judgment dated

25.5.2024 passed by Second Additional Sessions Judge, Joura, District

Morena (M.P.) in S.T. No. 74/2023, whereby appellants have been

convicted under Section 325/34 of the IPC and sentenced to undergo

rigorous imprisonment of three years with fine of Rs.5000/- with default

stipulation.

Learned counsel for the appellants submitted that appellants have

wrongly been convicted by the Court below without appreciating the

evidence available on record. There are material contradictions and

omissions in the statement of the prosecution witnesses. It is further

submitted that appellants were on bail during trial and did not misuse the

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

(RAMNIVAS SINGH SIKARWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

liberty so granted. Present criminal appeal is likely to take long time to

conclude. Hence, prayed for temporary suspension of jail sentence till

record is received.

Per contra, learned State counsel opposed the application and prayed

for its rejection.

Heard learned counsel for the rival parties.

As record of the Court below is not available, the jail sentence of the

appellants is temporarily suspended and it is directed that they be released

on temporary bail till further orders on each of them furnishing personal

bond of Rs.30,000/- (Rupees Thirty Thousand only) with a solvent

surety of the like amount to the satisfaction of the concerned trial Court.

List the case after record is received.

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

compliance.

                                                              (DWARKA DHISH BANSAL)
                 AKS                                                V. JUDGE