Madhya Pradesh High Court
Ranveer Singh vs The State Of Madhya Pradesh on 6 November, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-13686-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 13686 of 2023
(RANVEER SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 06-11-2024
Shri A.K. Jain, Advocate for the appellants No. 1 to 3.
Shri Anand Gupta - Advocate for appellant No. 6.
Ms. Anjali Gyanani - Public Prosecutor for the respondent - State.
Heard on I.A. No. 20548/2024, Second application under Section 389 (1) of Cr.P.C filed on behalf of the appellant No. 1 - Ranveer for suspension of sentence and grant of bail. His first application was dismissed as withdrawn vide order dated 15/05/2024 passed in I.A No.3613/2024. First application under section 389 (1) of Cr.P.C filed on behalf of appellants No. 2 & 3 namely Naval and Roshan for suspension of sentence and grant of bail. Also heard on I.A. No. 22121/2024, first application under section 389 (1) of Cr.P.C filed on behalf of appellant No. 6 namely Sonu for suspension of sentence and grant of bail.
The appellants No. 1 to 3 & 6 stood convicted for the offence punishable under Section 450 of IPC and sentenced to undergo Five years' RI with fine of Rs.1,000/-, under Section 302 r/w section 149 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.10,000/-, under Section 323, 149 (8 counts) of IPC and sentenced to undergo Three Months' SI with fine of Rs.1,000/-, under Section 148 of IPC and sentenced to undergo One year RI with fine of Rs.1,000/- and under section 25 (1)(va) of Arms Act with default stipulations vide judgment of conviction and order of Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 07-11-2024 04:44:31 PM 2 CRA-13686-2023 sentence dated 09.08.2023 passed by First Additional Sessions Judge, Dabra, District Gwalior (M.P.) in S.T.No.568/2016.
It is the submission of learned counsel for the appellants No. 1 to 3 & 6 that the trial Court erred in convicting the appellants No. 1 to 3 & 6 and awarding jail sentence to them. It is further submitted that incident occurred at spur of moment because of some blockage of passage for movement of Tractor of the other side. There was no premeditation of thought per-se and it was the case of free fight and pitched battle because both sides sustained injuries in the course of incident. At the instance of the appellants, complainant side was tried for the offence punishable under section 147, 148, 149, 294, 323, 324, 326, 452, 506, 450, 302 of IPC and they were convicted and sentenced them to suffer Five years incarceration. It is further submitted that total seven persons were injured from the appellants' side. It is further submitted that omnibus allegations have been levelled against the appellants for weilding Lathi. It is further submitted that appellant No. 1 Ranveer has already served One year and four months incarceration, appellant No. 2 - Naval has suffered Two years and eleven months incarceration, appellant No. 3 Roshan has suffered Two years and Ten months incarceration and appellant No. 6 Sonu has suffered Three years and six months incarceration out of total awarded jail sentence including pre and post period of conviction. It is further submitted that sentence of some of the co-appellants have already been suspended and they have been released on bail. It is further submitted that this appeal is of the year 2023 and final hearing of the appeal shall take considerable long time and appellants have a Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 07-11-2024 04:44:31 PM 3 CRA-13686-2023 good case on merits. They undertake to abide by all terms and conditions as imposed by this Court. Under such circumstances, learned counsel prays for suspension of sentence and grant of bail to the appellants.
Learned counsel for the respondent-State opposed the prayer and prayed for dismissal of the application and supports the impugned judgment.
Considering the submission advanced and in the facts and circumstances of the case and in the light of decisions of Apex Court in the cases of Gajanand and Ors. vs. State of Uttar Pradesh, AIR 1954 SC 695 equivalent citation (1954) 1 SCC 531, Munir Khan vs. State of U.P., AIR 1971 SC 335 and Puran vs. State of Rajasthan, AIR 1976 SC 912 , this Court intends to grant benefit of suspension of remaining jail sentence to the appellants No. 1 to 3 & 6. Accordingly, the I.A. stands allowed. The execution of remaining jail sentence of the appellants No. 1 to 3 & 6 is hereby suspended and it is ordered that appellants No. 1 to 3 & 6 shall be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the trial Court subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 18-12-2024 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.
It is further directed that appellants shall not be a source of embarrassment and harassment to the complainant in any manner and he shall not move in the vicinity of the complainant and shall not try to contact Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 07-11-2024 04:44:31 PM 4 CRA-13686-2023 the complainant party by any mode, otherwise, benefit of suspension of sentence and bail shall automatically stands cancelled.
I.A. stands disposed of.
(ANAND PATHAK) (SUNITA YADAV)
JUDGE JUDGE
Durgekar
Signature Not Verified
Signed by: SANJAY
NAMDEORAO DURGEKAR
Signing time: 07-11-2024
04:44:31 PM