Ramnath @ Mota vs The State Of Madhya Pradesh
2024 Latest Caselaw 14664 MP

Madhya Pradesh High Court

Ramnath @ Mota vs The State Of Madhya Pradesh on 16 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         CRA No. 546 of 2015
                                              (RAMNATH @ MOTA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-05-2024
                                    Shri Ashok Jain- Advocate for the appellant.

                                    Shri Ravindra Singh Kushwah- Public Prosecutor for respondent-

State.

Heard on I.A.No.7245 of 2024, seventh application under Section 389 (1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail filed on behalf of appellant Ramnath alias Mota. His previous applications were

dismissed as withdrawn respectively.

Appellant has been convicted for offence punishable under Section 364- A of IPC and sentenced to undergo life imprisonment with fine of Rs.10,000/- with default stipulation vide judgment of conviction and sentence dated 1st of May, 2015 passed by Additional Sessions Judge and Special Judge (Dacoity), Lahar, District Bhind in Special Sessions Trial (Dacoity) No.31 of 2015.

Allegation against present appellant is of kidnapping/ abduction of Mohanlal, father of complainant Kalkaprasad for ransom of Rs.5 lac.

Learned Counsel for the appellant submits that the impugned judgment

p as s ed b y learned trial Court is based on assumption, conjectures and surmises. The learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There are material contradictions and omissions in the evidence of prosecution witnesses. Learned Counsel further submits that the appellant has already undergone jail sentence of more than eight years. There is no likelihood of early hearing of this appeal. Under such circumstances, the appellant prays

for suspension of sentence and grant of bail.

Learned counsel for the respondent- State opposes prayer and prays for dismissal of the application.

Considering the overall facts and circumstances of the case and also taking note of the fact that appellant has suffered more than eight years of incarnation, final conclusion of appeal will still take sufficient long time, we deem it proper to suspend the remaining custodial sentence of the appellant. Ac c o rd ingly, I.A.No.7245 of 2024 stands allowed. The execution of remaining jail sentence of appellant Ramnath alias Mota is hereby suspended and it is ordered that appellant be released on bail upon his furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 12.08.2024 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

I.A. stands disposed of.

                             (VIVEK RUSIA)                                    (SANJEEV S KALGAONKAR)
                                 JUDGE                                                 JUDGE

                           MKB