Ravindra Gupta vs The State Of Madhya Pradesh
2025 Latest Caselaw 3306 MP

Madhya Pradesh High Court

Ravindra Gupta vs The State Of Madhya Pradesh on 24 January, 2025

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                1                               CRA-10034-2024
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 10034 of 2024
                                         (RAVINDRA GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 24-01-2025
                                 Shri Madan Singh - Advocate for the appellants.
                                 Shri Arvind Singh - Government Advocate for the respondent/State.

Heard on I.A.No.23811/2024, which is first application filed under Section 389(1) of the Code of Criminal Procedure 1973, for suspension of jail sentence and grant of bail on behalf of appellant No.1- Ravindra Gupta

& appellant No.2 Rohit @ Abhishek.

At the outset learned counsel for the appellants prays for withdrawal of this application so far as it relates appellant No.1 Ravindra Gupta.

Prayer is allowed.

Accordingly, the application is dismissed as withdrawn so far as it relates to appellant No.1 Ravindra Gupta.

I.A. No.23811/2024 on behalf of appellant No.2 Rohit @ Abhishek is considered.

Appellant No.2- Rohit @ Abhishek has been convicted for the offence

punishable under Section 302 r/w 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.2,000/- and Section 307 r/w 34 (2 counts) of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.1,000/- respectively, with default stipulations vide judgment of conviction and order of sentence dated 13.08.2024 passed by 7th Additional Sessions Judge, Damoh, District Damoh (M.P.) in S.T. No.42/2022.

2 CRA-10034-2024 Learned counsel for the appellants submits that the appellant No.2 is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence. The eyewitnesses namely Maya Dubey (PW-1), Ganesh (PW-2), Parshottam (PW-7), Kamlesh @ Mandeep (PW-8) all have failed to give any incriminating testimony against appellant No.2 Rohit and statements of Raja Tiwari are contradictory to rest of the prosecution story. Hence, it is prayed that the application for suspension of sentence may be allowed.

Learned counsel for the State has opposed the application and prays

for its rejection.

Heard counsel for the parties and perused the record. Having heard the arguments and on perusal of the record, we are of the considered opinion that till disposal of this appeal, execution of jail sentences awarded to the appellant under the impugned judgment deserve to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant No.2- Rohit @ Abhishek shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on

3 CRA-10034-2024 24.04.2025 and on such other dates as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

                           (SUSHRUT ARVIND DHARMADHIKARI)                 (ANURADHA SHUKLA)
                                     JUDGE                                      JUDGE
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