Madhya Pradesh High Court
Ramaktyar vs The State Of Madhya Pradesh on 6 November, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-8768-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 8768 of 2019
(RAMAKTYAR Vs THE STATE OF MADHYA PRADESH )
Dated : 06-11-2025
Shri Ashok Jain and Ms. Nikita Jain, learned counsel for the appellant.
Shri D.S.Kushwaha, learned AAG for respondent/State.
Heard on I.A. No.15830/2025, 9th application under Section 389 (1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant.
2. This criminal appeal assails the judgment dated 09.07.2019 passed
by the Third Additional Sessions Judge, Gwalior in Case No.335/1998;
whereby, the appellant has been convicted and sentenced as under:-
Section Imprisonment Fine
302/149 of IPC (on two Life Rs.5,000/-(each) with default
counts) Imprisonment stipulations
148 of IPC 2 years -
452 of IPC 4 years Rs.500/- with default stipulations
3. It is the submission of learned counsel for the appellant that trial
Court erred in convicting and awarding jail sentence to appellant. It is further
submitted that appellant suffered 7 years of incarceration as pre and post
trial confinement. Prime argument of the appellant is that he inflicted Lathi
blow to deceased Girendra but cause of death was gunshot injury. Since
appellant wielded Lathi, therefore, his role was not directly attributed. He
already suffered sufficient period of custody and other co-accused Chandan
Singh vide order dated 14.08.2020 in CRA.No.553/2010, Ranvir Singh vide
2 CRA-8768-2019
order dated 13.07.2020 in CRA.No.361/2004 and Harendra Singh vide order
dated 06.02.2025 in CRA.No.8509/2019 have been enlarged on bail. He
seeks parity.
4. Learned counsel for respondent/State opposed the prayer.
Accordingly to him, role of appellant was to inflict Lathi blow to deceased
Girendra and he sustained injuries over his fifth and sixth ribs, lungs and
scapula. Ribs were ruptured and lungs got damaged purportedly because of
the Lathi blow sustained by the deceased by hard and blunt object. Appellant
was part of unlawful assembly and two murders were caused by such
assembly and incidentally, after killing the deceased Girendra, all the
accused barged into the house of another deceased Mahaveer by
housebreaking (door was broken by them) and caused murder of another
person. Allegations are very serious in nature. Beside that, appellant Chandan
Singh was granted benefit of suspension of sentence after he suffered 13
years of incarceration, Ravindra Singh after 15 years and 4 months and
Harendra Singh after suffering more than 9 years of incarceration as pre and
post trial confinement. Not only this, after passing of order dated 06.02.2025
in case of Harendra Singh, application preferred by the appellant got
dismissed as withdrawn vide order dated 25.02.2025.
5. Heard the counsel for the parties at length and perused the record.
6. After considering the rival submissions and looking to the nature of
allegations where appellant was part of unlawful assembly and two murders
were caused in two steps. Second murder was caused after all accused barged
into the house of deceased - Mahaveer and caused his murder. Allegations
3 CRA-8768-2019
are serious in nature and role of appellant appears prima facie implicative
because of the injuries sustained by the victim.
7. Even otherwise, as submitted by the counsel for the State, matter is
of year 1998 and appellant absconded for many years and thereafter, separate
trial was held. He did not suffer sufficient period of custody vis-a-vis other
co-accused.
8. Thus, in the considered opinion of this Court, no case for grant of
benefit of suspension of sentence to present appellant is made.
9. Accordingly, I.A.No.15830/2025 stands dismissed.
10. Observations on facts, if any, are only for the purpose of deciding
the instant I.A. and shall have no bearing on the merits of the appeal.
11. Certified copy as per rules.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
Ashish*
