Ramautar Singh vs The State Of Madhya Pradesh Thr
2025 Latest Caselaw 5496 MP

Madhya Pradesh High Court

Ramautar Singh vs The State Of Madhya Pradesh Thr on 12 March, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                              1                                 CRA-619-2016
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                       CRA No. 619 of 2016
                                     (RAMAUTAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH THR )



                          Dated : 12-03-2025
                                Shri R.K. Sharma with Shri Sanjay Gupta - Advocate for the appellant.
                                Shri A.K. Nirankari - Advocate for the State.

                                1.    Heard     on    I.A.    No.2659/2025       is   an    application   for
                          extension/temporary suspension on the basis of ailment suffered by appellant
                          no.5-Arvind Singh.

                                2. This criminal appeal assails the judgment dated 02.07.2016 passed
                          in Sessions Trial No.265/2005 by First Additional Sessions Judge, Bhind,
                          whereby appellant have been convicted under Section 302 r/w Section 149 of
                          IPC and sentenced to undergo life imprisonment with fine of Rs.1000/-,
                          Section 307/149 of IPC and sentenced to undergo 10-10 years of RI with
                          fine of Rs.1000/- and Section 148 of IPC and sentenced to undergo three
                          years' of RI with default stipulations.
                                3. It is a submission of counsel for the appellant that appellant is
                          suffering from stomach cancer and seeking treatment at AIIMS New Delhi.

                          He is regularly taking treatment there and it is difficult for him to move
                          further because of his ailment. He was also operated earlier and is now under
                          observation.
                                4. Learned counsel for the appellant also raised ground on the point of
                          parity with other co-accused who have been enlarged on bail. He also raised
                          the points on merits by demonstrating that he was subsequently impleaded as


Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 13-Mar-25
11:13:26 AM
                                                                2                               CRA-619-2016
                          accused on the ground of statement of witnesses in the Court under Section
                          319 of Cr.P.C. He was not present on the spot and was falsely implicated in
                          the matter.
                                    5. Learned counsel for the respondent/State opposed the prayed.

However, could not dispute the fact relating to medical condition of appellant and submits that he is taking treatment.

6. Considering the submissions on medical condition of appellant as he is suffering from stomach cancer and undergoing treatment and looking to the gravity of ailment, he is granted further four months' period for treatment as interim suspension subject to furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court and he shall surrender on or

before 14.07.2025 and submit all medical papers to demonstrate the treatmnet underwent during this period.

7. List the matter thereafter along with the surrender report before this Court for verification regarding his surrender.

8. Let a copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy today.

                                    (ANAND PATHAK)                             (MILIND RAMESH PHADKE)
                                        JUDGE                                           JUDGE
                          Chandni