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Ratan @ Ramratan vs The State Of Madhya Pradesh
2025 Latest Caselaw 2783 MP

Citation : 2025 Latest Caselaw 2783 MP
Judgement Date : 6 August, 2025

Madhya Pradesh High Court

Ratan @ Ramratan vs The State Of Madhya Pradesh on 6 August, 2025

Author: Vivek Agarwal
Bench: Vivek Agarwal
                                                             1                                 CRA-11006-2023
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 11006 of 2023
                                          (RATAN @ RAMRATAN Vs THE STATE OF MADHYA PRADESH )

                                                            CRA/763/2024
                           Dated : 06-08-2025

                                 In Criminal Appeal No.11006/2023

                                 Shri Surya Kumar Patel, learned counsel for the appellant Ratan @
                           Ramratan.

                                 Shri Ajay Shukla, learned Public Prosecutor for the respondent/State.

In Criminal Appeal No.763/2024

Shri Vineet Kumar Pandey, learned counsel for the appellant No.1 Hakka Kodar s/o Ramdas Kodar.

Shri Ajay Shukla, learned Public Prosecutor for the respondent/State.

Heard on I.A. No.2997/2025, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant Ratan @ Ramratan in Cr.A. No.11006/2023 and I.A.

No.31143/2024, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant No.1 Hakka Kodar in Cr.A. No.763/2024.

Both these appeals are filed being aggrieved of judgment dated 12.06.2023 passed in ST No.66/2020 by the learned First Additional Session Judge, Panna, District Panna whereby appellants have been convicted in the

2 CRA-11006-2023 following manners:-

Accused/appellant Ratan @ Ramratan in Cr.A. No.11006/2023.

                                     Conviction                             Sentence
                                                                                         Imprisonment
                               Section            Act      Imprisonment        Fine
                                                                                         in lieu of fine
                                                          Life                           R.I for six
                           302/34         I.P.C.                       Rs.1,000/-
                                                          imprisonment                   months

Accused/appellant No.1 Hakka Kodar in Cr.A. No.763/2024.

                                     Conviction                             Sentence
                                                          Life                           R.I for six
                           302/34         I.P.C.                       Rs.1,000/-
                                                          imprisonment                   months

It is submitted that there are general and omnibus allegations. Sole eye

witness of the incident is PW-1 Bablu Singh, who is also the author of the Dehati Nalishi, Ex.P-1. In cross-examination, this witness has admitted that he had not seen either Hakka nor Ajju or Ratan, causing marpeet with the deceased Babu @ Indrapal. Thus, conviction on the basis of evidence of PW-1 is not proper.

It is also submitted that Surat Singh (PW-2) is not an eye witness. As per the story of PW-1 himself he had gone to call PW-2 after witnessing marpeet being carried out by the accused persons with Babu @ Indrapal and when they returned, they found Babu @ Indrapal lying in a pool of blood. Appellants were not present. FSL report too is negative, qua the Axe, recovered at the instance of one of the appellants. There are good chances of success in appeal, therefore, prays for suspension of sentence and grant of

3 CRA-11006-2023 bail to the appellant Ratan @ Ramratan in Cr.A. No.11006/2023 and appellant No.1 Hakka Kodar in Cr.A. No.763/2024.

Shri Manas Mani Verma, learned Public Prosecutor for the State opposes the prayer for suspension of sentence and grant of bail to the appellant Ratan @ Ramratan in Cr.A. No.11006/2023 and appellant No.1 Hakka Kodar in Cr.A. No.763/2024.

Taking these facts into consideration and without commenting on merits of the case, this Court is of the opinion that it is a fit case to suspend the remaining part of the jail sentence of the appellant Ratan @ Ramratan in Cr.A. No.11006/2023 and appellant No.1 Hakka Kodar in Cr.A. No.763/2024 and release them on bail.

Accordingly, I.A. No.2997/2025 and I.A. No.31143/2024 are allowed.

It is directed that on depositing of fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) each with two sureties each in the like amount to the satisfaction of the Trial Court for their appearance before the Trial Court on 21.11.2025 and on all subsequent dates as may be fixed by the concerned Court, the execution of remaining part of the jail sentence of appellant Ratan @ Ramratan in Cr.A. No.11006/2023 and appellant No.1 Hakka Kodar in Cr.A. No.763/2024 shall remain suspended and they be released on bail till final disposal of these appeals.

On going through the record, we are pain to observe the original

4 CRA-11006-2023 documents have not been tagged properly after subjecting them to scanning etc. This is the responsibility of the concerned D.A. as well as the Incharge Registrar/Principal Registrar of the I.T. Section to ensure that files are protected.

Registrar General is directed to ensure that all the files which come to the Court are properly maintained, there are no loose papers and Principal Registrar (I.T.) shall ensure that after scanning files are properly tied and send to the Section. If there are any loose papers, then concerned D.A. to bring it to the notice of the concerned Registrar and take necessary action.

Let this be implemented from tomorrow itself, failing which this Court may be constrained to pass adverse orders against the concerned D.A./Principal Registrar responsible for scanning of the records.

List for final hearing in due course.

Certified copy as per rules.

                                 (VIVEK AGARWAL)                           (AVANINDRA KUMAR SINGH)
                                      JUDGE                                         JUDGE
                           MTK

 
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