Madhya Pradesh High Court
Ramkumar Dangi vs The State Of Madhya Pradesh on 24 May, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
(1)
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 10877 of 2023
(RAMKUMAR DANGI & ORS. Vs THE STATE OF MADHYA PRADESH)
Dated : 24-05-2024
Shri B.K.Sharma - learned counsel for the appellants.
Shri R.S.Kushwah - learned Dy. Advocate General for the
respondent-Sate.
Shri J.P.Kushwah - learned counsel for the complainant.
Heard on I.A.No.9310 of 2024, under Section 301(2) of Cr.P.C for
assisting PP in the matter.
For the reasons mentioned therein, the application is allowed. Shri
J.P.Kushwah and his associates are permitted to assist PP in the matter.
Also heard on IA No. 7998 of 2024, application under Section
389(1) Cr.P.C. moved on behalf of appellant No.3 Balram Dangi seeking
suspension of sentence and grant of bail.
Appellant stood convicted under Sections 307/149, 324/149 and
148 of IPC and sentenced to undergo RI for five years with fine of
Rs.5,000/-, one year with fine of Rs.1,000/- and Six months with fine of
Rs.500/- respectively with default stipulation vide judgment of conviction
and sentence dated 10.07.2023 passed by Ist ASJ to the Court of IInd ASJ,
Datia in S.T.No.28 of 2007.
Learned Counsel for the appellant submits that as per the case of
prosecution itself, on 09.06.2004, Complainant alongwith his brother
lodged a report by alleging that, when he was returning back from running
at 7 o'clock and reached nearby hand pump wherein appellants carrying
weapons as Santosh -Katta, Ramkumar and Raghuvir Sharan -Axes,
Balram -Luhangi, met complainant and asked him for repayment of
borrow money but he refused to further payment because it was already
settled then Santosh Dangi claimed interest part at the rate of 20%
therefore Santosh caused gunshot injury on the calf of left leg meantime
his brother tried to save complainant then Ramkumar assaulted by axe on
the head of Veer Singh, Raghuvir Singh, Balram also assaulted by Axe
and Lohangi on back and hand thereafter Brindavan and Dayaram rescued
the complainant party. Consequently, FIR was registered at crime no.
105/04 under sections 147, 148, 149 and 307 of IPC. Learned trial Court
did not consider the defence of accused in proper perspective.
Learned Counsel further submits that impugned judgment passed
by 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. The appellant-Balram Dangi did not cause injury on
vital part of the body by means of Luhangi to the complainant. He has
wrongly been convicted under Section 307 with the aid of Section 149 of
IPC. There are material contradictions and omissions in the evidence of
witnesses. He is in custody since the date of judgment i.e. 10.07.2023.
The appeal is of the year 2023. There is no likelihood of early hearing of
appeal in near future. Therefore, remaining jail sentence of appellant may
be suspended and he may be enlarged on bail.
Per contra, learned Counsel for respondent State ably assisted by
learned counsel for the complainant opposes the application and prays for
its rejection on the gravity of alleged offence. Learned counsel submits
that the trial Court has committed no error in convicting appellant.
Therefore, appellant may not be extended benefit of suspension of
sentence.
After hearing learned Counsel for the parties, but without
commenting upon rival contentions touching merits of the case, this Court
is of the view that application deserves to be allowed. It is, accordingly
directed that execution of remaining jail sentence of appellant No.3
Balram Dangi only shall remain suspended during pendency of this
appeal and he shall be enlarged on bail subject to furnishing personal
bond in the sum of Rs.2,00,000/- (Rupees Two lac Only) with one
solvent surety in the like amount to the satisfaction of Trial Court for
compliance with following conditions:-
(1). The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(2). The appellant shall appear before the Trial Court on 19th July,
2024 and on such further dates as may be directed by the Trial Court;
(3). The appellant shall mark his presence before the SHO of
Arakshi Kendra, Civil Lines, District Datia, M.P. on every Saturday of
month till final disposal of appeal.
(4). The appellant shall not extend threat to the complainant party
in any manner and shall not involve in criminal activities.
However, in case of breach of any of the precondition of bail, the
Trial Court may consider on merit cancellation of bail bonds without any
impediment of this order and shall remit the appellant to custody to
undergo remaining sentence of imprisonment.
Accordingly, IA No.7998/2024 stands allowed and disposed of.
C.C. as per rules.
(VIVEK RUSIA) (ROOPESH CHANDRA VARSHNEY)
JUDGE JUDGE
Adnan
ADNAN HUSAIN
ANSARI
2024.05.29
10:07:05 +05'30'
