Ramcharan vs The State Of Madhya Pradesh
2025 Latest Caselaw 525 MP

Madhya Pradesh High Court

Ramcharan vs The State Of Madhya Pradesh on 8 May, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

                                                                1                             CRA-8401-2024
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 8401 of 2024
                                         (RAMCHARAN AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 08-05-2025
                                 Ms. Smita Varma - Advocate for appellants.
                                 Mr. Sumit Raghuwanshi - Public Prosecutor for respondent/State.

Heard on the question of admission.

The appeal appears to be arguable, hence admitted for final hearing. Record of the trial Court has already been received.

Heard on I.A.No.17948 of 2024 , which is an application under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of appellants for suspension of sentence and grant of bail.

The appellants assail the impugned judgment dated 25.06.2024 passed by Second Additional Sessions Judge, Aasta, District Sehore in Sessions Trial No.132 of 2023; whereby the appellants have been convicted under Section 307/34 of the Indian Penal Code and sentenced to R.I. for seven years each and fine of Rs.5,000/- each with default stipulations.

It is pointed out by the counsel appearing for the appellants that the entire entire prosecution story is doubtful. There is an allegation against the appellants

that they assaulted the victim Prahalad Singh with lathis resulting grievous injuries to him. It is argued that there are two MLCs' produced before the trial Court by the Enquiry Officer i.e. Ex.P/12 and Ex.P/14. The initial MLC conducted on 03.04.2023 at 12:50 AM by Dr. Prem Kishore Pawar (PW5) reflect four injuries and the second MLC (Ex.P/14) conducted on 03.04.2023 reflects a single injury on the occipital region. There is no explanation that why there is a

2 CRA-8401-2024 difference of injuries in two reports. Even the MLC report (Ex.P/14) shows that the injury to be grievous in nature. The doctor has not opined that the injuries was dangerous to life. She has further drawn attention of this Court to the statement of Dr. Prem Kishore Pawar (PW5) wherein he has categorically stated that with respect to Injury Nos.1, 2, 3 and 4 the wordings 'Kata Fata Ghav ' has been written after the making of the report. There are material contradictions and omissions in the statements of the prosecution witnesses. The recovery of weapon has not been found proved by the trial Court. She has further argued that the appellants were on bail during trial and now they are in jail since the date of judgment. Out of total sentence of seven years the appellant No.1 has already undergone 1 year and 5 months and appellant No.2 has already undergone a period of 1 years and 6 months respectively. It is further submitted that the appellant No.2 is a lady, aged

about 44 years. Final hearing of this appeal is not possible in near future. Appellants are ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for suspension of sentence. Hence, the instant application has been filed for suspension of sentence and grant of bail.

Per contra , counsel appearing for the State has vehemently opposed the application for suspension of sentence and grant of bail pointing out the fact that the difference which is pointed out by the counsel appearing for the appellants in two MLCs' have duly been considered by the learned trial Court and explained which is clearly reflected from the paragraphs-8 of the judgment onwards. The first MLC was done at 12:50 AM as the victim was badly injured and required instant treatment. After giving the primary treatment, he was sent for detailed examination. The CT Scan was carried out in pursuance to the referral being made by the doctor and a fracture was found. Therefore, the injuries appears to be grievous in nature. However, he could not dispute the fact that they have already

3 CRA-8401-2024 undergone custody period of almost one and a half years out of the total sentence.

Considering the overall facts and circumstances of the case as well as the fact that there are material difference in the number of injuries in two MLCs i.e. Ex.P/12 and P/14 coupled with the fact that recovery of weapon is not found proved by the learned trial Court, this Court is inclined to grant bail to appellants by way of suspension of sentence.

Accordingly, I.A.No.17948 of 2024 is allowed and it is directed that the remaining jail sentence of the appellants shall remain under suspension subject to the verification of the fact that the amount of fine has been deposited. The appellants be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court concerned for their appearance before the trial Court/concerned Court on 24.09.2025 and thereafter on such other subsequent dates as may be fixed by the Trial Court.

List for final hearing in due course.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE

THK