Citation : 2024 Latest Caselaw 27659 MP
Judgement Date : 1 October, 2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA NO. 13686 OF 2023
(RANVEER SINGH & ORS VS. STATE OF M.P.)
Dated: 01.10.2024
Shri Anand Kumar Gupta - Advocates for the appellants.
Shri Naval Kishore Gupta - Public Prosecutor for the
respondent/State.
Heard on I.A.No.17074/2024, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail on behalf of appellant No.7 - Harmohan alias Harimohan.
This criminal appeal assails the judgment dated 09-08-2023 passed in S.T.No.568/2016 by the I Additional Sessions Judge, Dabra District Gwalior whereby appellant has been convicted as under:
Section Imprisonment Fine
450 of IPC 5 years' RI Rs.1,000/- with
default stipulation.
302/149 of IPC Life Imprisonment Rs.10,000/- with
default stipulation
148 of IPC 1 year's RI Rs.1,000/- with
default stipulation.
323/149 of IPC 3 months' S.I. Rs.1,000/- with
(eight counts) default stipulation
(each count).
It is the submission of learned counsel for appellants that the trial Court erred in convicting and awarding jail sentence to appellant No.7 - Harmohan alias Harimohan. Appellant already suffered around 1 year's 3 months' incarceration as pre and post IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA NO. 13686 OF 2023 (RANVEER SINGH & ORS VS. STATE OF M.P.)
trial detention. The allegation against appellant No.7 - Harmohan alias Harimohan is of causing lathi blow to the injured persons and there is no allegation of causing vital injury to the deceased Gopal. Eye-witness/complainant of the incident namely Rajendra (PW-1) did not support the story of prosecution in respect of present appellant. It is further submitted that co-accused Uday Singh has already been granted benefit of suspension of sentence and the case of present appellant is akin to him. Appellant has good case on merits and hearing of appeal would take some time. Thus, prayed for grant of suspension of sentence.
Learned counsel for the State opposed the application and prayed for its dismissal.
Considering the arguments advanced by learned counsel for the parties, this Court intends to allow the application for suspension of sentence (I.A.No.17074/2024).
If appellant No.7 - Harmohan alias Harimohan furnishes bail bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) along with one solvent surety of the like amount to the satisfaction of the trial Court that he shall appear before the Principal Registrar of this Court on 16-12-2024 and on all other subsequent dates as may be fixed by the Office for appearance, then he shall be released on bail and execution of jail sentence is suspended till disposal of this appeal, subject to deposit of fine amount.
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA NO. 13686 OF 2023 (RANVEER SINGH & ORS VS. STATE OF M.P.)
Appellant shall not be source of embarrassment and harassment to the complainant in any manner and he shall not move in their vicinity.
Copy of this order be sent to the trial Court concerned for information and necessary compliance.
Certified copy as per rules.
(ANAND PATHAK) (SUNITA YADAV)
Judge Judge
Anil*
ANIL KUMAR
CHAURASIYA
2024.10.03
10:50:23
+05'30'
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