Madhya Pradesh High Court
Ramveer Singh vs The State Of Madhya Pradesh on 14 October, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-5569-2017
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 5569 of 2017
(RAMVEER SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 14-10-2024
Shri R.V.S. Ghuraiya- Learned counsel for apepllant.
Shri Vijay Sundaram- Learned Public Prosecutor for respondent/State.
Heard on I.A.No.15215/2024, third repeat application under Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant No.1- Ramveer Singh.
This Criminal Appeal has been preferred under Section 374 of the Cr.P.C. against the judgment of conviction and order of sentence dated 16.11.2017 passed by the First Additional Sessions Judge, Bhind, Madhya Pradesh in S.T.No.291/2009, whereby appellant has been convicted under Section 302 read with Section 149 of IPC and sentenced to undergo life imprisonment with fine of Rs.10000/-, under Section 307 of IPC read with Section 149 of IPC and sentenced to undergo 07 years' rigorous imprisonment with fine of Rs.10000/- and under Section 148 of IPC and sentenced to undergo 03 years' rigorous imprisonment with fine of Rs.3000/-
with default stipulations.
It is the submission of learned counsel for the appellant that trial Court erred in convicting the appellant and awarding jail sentence. Learned counsel for appellant has drawn the attention of this Court towards para No.8 of the statement of PW-3 and according to which, one entry wound and one exit wound has been found on the body of the deceased - Bhagwan Singh and as Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 15-Oct-24 10:28:29 AM 2 CRA-5569-2017 per prosecution story, first gunshot was fired by co-appellant Lalji Singh and second gunshot was fired by Co-appellant Malkhan Singh. Prima facie, it appears that deceased has died due to gunshot injury fired by co-appellant Lalji Singh. No other injury was found on the entire body of the deceased. The appellant has suffered incarceration of more than seven years and three months as pre and post trial confinement. There is no allegation of firing against the present appellant. Learned counsel also referred the order dated 18.07.2024 passed in the case of co-appellant Naresh Singh,who on similar facts and circumstances, has been granted benefit of suspension of sentence and grant of bail. It is further submitted that hearing of this appeal will take time and the appellant has good case on merits. He further undertakes to abide by all the terms and conditions as imposed by this Court and would not be a source of embarrassment or harassment to the complainant side in any manner. Therefore, on the ground of parity, he may also be given the benefit of suspension of sentence and grant of bail.
Learned counsel for the State opposed the application and prayed for its dismissal.
Considering the submissions as advanced, nature of allegations against the present appellant and the factum of parity vis-a-vis co-accused Naresh Singh, it appears that the present appellant also deserves to be enlarged on bail by granting benefit of suspension of sentence. Hence, without commenting on the merits of the case, application (I.A.No.15215/2024) is allowed subject to deposit of fine amount, if not already deposited and it is ordered that on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 15-Oct-24 10:28:29 AM 3 CRA-5569-2017 Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court, jail sentence of appellant No.1- Ramveer Singh shall remain suspended till disposal of this appeal and he be released on bail. He is further directed to remain present before the Registry of this Court on 16.12.2024 and, thereafter, on such subsequent dates as may be fixed by the Registry.
Appellant shall not move in the vicinity of complainant party and shall not be source of embarrassment and harassment to the complainant party in any manner.
Copy of this order be sent to the trial Court concerned for compliance for the office of this Court.
Certified copy as per rules.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
*AVI*
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 15-Oct-24
10:28:29 AM