Madhya Pradesh High Court
Ramkumar vs The State Of Madhya Pradesh on 9 January, 2025
1 CRA-12222-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12222 of 2024
(RAMKUMAR Vs THE STATE OF MADHYA PRADESH )
Dated : 09-01-2025
Mr. Sushil Kumar Tiwari - Advocate for appellant.
Mr. Ajeet Rawat - Government Advocate for State.
I.A. No.28703 of 2024 is an application under Section 389(1) of
the Cr.P.C/430 of B.N.S.S. for suspension of sentence and grant of bail
to appellant arising out of judgment dated 07.10.2024 delivered in S.T.
No.72 of 2019 passed by Sixth Additional Sessions Judge, Katni,
District-Katni (M.P.).
The appellant has been convicted under Section 120-B of IPC and
sentenced to undergo R.I. for 02 years with fine of Rs.1,000/-, under
Section 419/120-B of IPC and sentenced to undergo R.I. for 02 years
with fine of Rs.1,000/-, under Section 467/120-B of the Indian Penal
Code and sentenced to R.I. for 7 years with fine of Rs.2,000/-, under
Section 468/120-B of the Indian Penal Code and sentenced to undergo
R.I. for 03 years with fine of Rs.2,000/- and under Section 471/120-B of
the Indian Penal Code and sentenced to undergo R.I. for 2 years with
fine of Rs.1,000/- with default stipulations.
Learned counsel for the appellant submits that appellant
Ramkumar has falsely been implicated in this case and the trial Court
without properly appreciating the evidence, convicted the appellant.
2 CRA-12222-2024
Trial Court in paragraph no.41 of judgment has mentioned that there is a
lacuna in the investigation but the benefit of lacuna cannot be given to
the accused persons. Trial Court in paragraph nos.40, 41 and 42 of the
judgment held that the voter identity card issued in favour of Rajkumar,
s/o Rishikesh matches with the number mentioned in the sale-deed
(Exhibit-P/1) and on that basis he was convicted but the purchaser has
clearly stated that Ramkumar was not present when the said sale-deed
was executed.
Learned counsel for the appellant further submits that if the
appellant was having any intention to commit fraud, then why he will
submit the original Election Voter Identity Card and the opinion of hand
writing expert is not available on record. Hence, the jail sentence of the
appellant may be suspended.
The prayer is opposed by learned Government Advocate for the
State.
Considering the facts and circumstances of the case, I.A.
No.28703 of 2024 is allowed.
Subject to depositing the fine amount, if not already deposited, the
remaining jail sentence of the appellant Ramkumar is hereby suspended
and it is directed that the appellant be released on bail on his furnishing a
personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand
only) with one solvent surety of the like amount to the satisfaction of
the trial court with a further direction to appear before the Trial Court on
3 CRA-12222-2024
24.04.2025 and also on such other dates, as may be fixed by the Court in
this regard during the pendency of this appeal.
Appeal is admitted for final hearing.
List the matter for final hearing in due course.
C.c. as per rules.
(DEVNARAYAN MISHRA)
JUDGE
julie
