Madhya Pradesh High Court
Ramkumar Dangi vs The State Of Madhya Pradesh on 31 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 AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 31-05-2024
Shri B.K.Sharma- learned counsel for the appellants.
Shri R.S.Kushwah - learned Dy. Advocate General for the respondent-
Sate.
Heard on IA No. 10707 of 2024 and I.A.No.10700 of 2024, applications
under Section 389(1) Cr.P.C. moved on behalf of appellant No.2 Santosh
Dangi and appellant No.1-Rajkumar Dangi seeking suspension of sentence and
grant of bail. Appellants 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 and appellant No.2 has also convicted under Section 25(1-B)A and
sentenced to undergo RI for one year with fine of Rs.1000/- 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 appellants 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 alongwith other accused
persons 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 claimed interest part at the rate of 20% therefore he 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 appellants without appreciating the prosecution evidence properly. They
have 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. They are 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 appellants 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 appellants. Therefore, appellants
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
applications deserve to be allowed. It is, accordingly directed that execution of
remaining jail sentence of appellant No.2 Santosh Dangi and appellant No.1-
Rajkumar Dangi only shall remain suspended during pendency of this appeal
and they shall be enlarged on bail subject to furnishing personal bond in the sum
of Rs.2,00,000/- (Rupees Two lac Only) each with one solvent surety in the
like amount to the satisfaction of Trial Court for compliance with following
conditions:-
(1). The appellants shall deposit the amount of fine (if not deposited)
forthwith;
(2). The appellants 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 appellants shall mark their 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 appellants 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 appellants to custody to undergo remaining
sentence of imprisonment.
Accordingly, IA No.10707/2024 and I.A.No.10700/2024 stand allowed
and disposed of.
C.C. as per rules.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
Ashish*
