Madhya Pradesh High Court
Ramesh vs The State Of Madhya Pradesh on 13 November, 2025
1 CRA-5924-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5924 of 2021
(RAMESH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 13-11-2025
Appellants by Shri Nilesh J. Dave - Advocate.
Respondent - State of Madhya Pradesh by Shri Sonal Gupta -
Additional Advocate General appearing on behalf of the Advocate General.
Per: Justice Binod Kumar Dwivedi
Heard on IA No.14349 of 2025 , first application under Section 430 (1)
of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 389 (1) of Code of
Criminal Procedure, 1973) filed on behalf of appellant No.2 - Luna S/o
Nanda for grant of bail and suspension of remaining jail sentence.
Vide judgment of conviction and order of sentence dated 26.02.2021
passed by learned Sessions Judge Petlawad, District Jhabua (MP) in Session
Trial No.11 of 2018, the present appellant stands convicted under Section
302 read with Section 34 of the Indian Penal Code, 1860 (herein after
referred to as the IPC) and sentenced to undergo life imprisonment with fine
of Rs.1,000/- with default stipulation.
Learned counsel for the present appellant submits that co-appellant
No.1 Ramesh S/o Nanda, who is main accused, has been extended the benefit
of suspension of sentence and granted bail by this Court vide order dated
26.09.2025 in the present criminal appeal; and allegation against him was
that he caused fatal injuries on the deceased Puna by Axe and the
corresponding injuries were found on the body of the deceased, but this
2 CRA-5924-2021
appellant is alleged to have caused injury to the deceased by Lathi (Stick)
and no injury caused by hard and blunt object is found on the body of the
deceased. The case is based on circumstantial evidence. No ocular account
is available. Only not seen circumstance has been based to convict the
accused with the chain of circumstances is not complete. Learned counsel
further submits that the appellant was on bail during trial and never misused
the liberty granted to him. After pronouncement of the judgment, he was
taken was into the custody. This is an appeal of 2021 and there is no
likelihood of final hearing of the same in near future. The appellant has fair
chances of success in this appeal, hence learned counsel prays for suspension
of remaining jail sentence of the present appellant and grant of bail.
Learned Additional Advocate General appearing for the respondent /
State has opposed the prayer, but fairly admits that the case of the present
appellant is better than the case of co-appellant No.1 Ramesh, who has been
extended suspension of sentence and grant of bail vide order dated
26.09.2025.
Heard and considered submissions raised at bar and perused the
record.
Looking to the factual matrix coupled with the fact that co-appellant
Ramesh, who is the main accused and allegedly caused fatal injuries on the
deceased Puna, has been granted bail and suspension of jail sentence vide
order dated 26.09.2025 and no injury caused by hard and blunt object has
been found on body of the deceased, we are of the considered view that a
case of grant of suspension of sentence and bail in favour of appellant No.2
3 CRA-5924-2021
is made out.
Accordingly, without expressing any opinion on the merits of the case,
IA No.14349 of 2025 stands allowed. The execution of remaining jail
sentence of appellant No.2 - Luna S/o Nanda shall remain suspended during
the pendency of the appeal and he be released on bail upon his furnishing
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with
a solvent surety of the like amount to the satisfaction of the trial Court and
on depositing the fine amount (if not already deposited) with a further
direction to appear before the Registry of this Court on 17.12.2025 and
thereafter, on all subsequent dates as may be fixed by the Registry in this
regard during the pendency of the appeal.
IA No.14348 of 2025 , an application for urgent hearing also stands
disposed of.
Certified copy, as per Rules.
(VIJAY KUMAR SHUKLA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
rcp
