Ram Singh Parte vs The State Of Madhya Pradesh
2025 Latest Caselaw 1476 MP

Madhya Pradesh High Court

Ram Singh Parte vs The State Of Madhya Pradesh on 11 July, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                              1                                CRA-1885-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 1885 of 2023

(RAM SINGH PARTE AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated : 11-07-2025 Shri Vikesh Pratap Singh - Advocate for the appellants. Shri Ajay Tamrakar - Public Prosecutor for the State.

Heard on I.A. No.18044/2024 which is second application under Section 389 (1) of the Cr.P.C. for suspension of sentence and grant of bail to appellants, namely, Appellant No.1 - Ram Singh Parte and Appellant No.2 -

Sohan Singh @ Sohanlal Tekam. Their first application was dismissed on 27.09.2023 on merits.

This appeal is filed by the appellant being aggrieved of the judgment dated 23.01.2023 passed by learned Additional Sessions Judge, Baihar, district - Balaghat in Sessions Trial No.14/2019 whereby the appellant has been convicted for offences punishable under Sections 376D, 366 and 506 of the IPC and sentenced to undergo Life Imprisonment (fine Rs.7,000/-), RI for 7 years (fine Rs.2,000/-) and RI for 3 years (fine Rs.1,000/-), respectively with stipulation that in default of payment of fine to further undergo RI for 6

months, RI for 2 months and RI for 1 month, respectively.

It is submitted by counsel for the appellants that the appellants are innocent. It is further submitted that their identification is doubtful. The prosecutrix in paragraph 11 of her cross-examination admitted that all the accused persons were shown to her in police station lockup. She visited the police station on two occasions i.e. on 07.03.2014 and 08.03.2019. As all the

2 CRA-1885-2023 accused persons were not brought on 07.03.2019, she had again gone to the police station on 08.03.2019 when all the accused persons were kept in police station lockup and she identified them in lockup of the police station. Thereafter she signed her application (Exhibit P-1) and Exhibit P-2 on the basis of which the FIR was recorded. Thus, it is submitted that when there is no direct accusation of the present appellants Ram Singh Parte and Sohan Singh for violation of privacy of the prosecutrix, their implication if not false implication, then it is a case of over implication. There are good chances of success of appeal. The disposal of this appeal will take considerable time and, therefore, it is prayed that the sentence imposed on the present appellants be suspended and they be enlarged on bail.

Shri Ajay Tamrakar, learned Public Prosecutor, on the other hand,

opposes the prayer for suspension of sentence.

After hearing learned counsel for the parties and going through the record, this Court is of the opinion that it is a fit case to suspend the remaining part of the jail sentence of the present appellants and to release them on bail.

Accordingly, I. A. No. 18044/2024 is allowed. It is directed that on depositing of fine amount, if not already deposited and on furnishing a personal bond to the tune of Rs.30,000/- (Rupees Thirty Thousand only) each with two sureties each in the like amount to the satisfaction of the concerned trial Court for their appearance before the trial Court on 30.10.2025 and on all subsequent dates as may be fixed by the concerned trial Court, the execution of remaining part of the jail sentence of the

3 CRA-1885-2023 appellants, namely, Appellant No.1 - Ram Singh Parte and Appellant No.2. - Sohan Singh @ Sohanlal Tekam shall remain suspended and they be released on bail till final disposal of this appeal.

Accordingly, I.A. No.18044/2024 is allowed and disposed of. C.C. as per rules.

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