Madhya Pradesh High Court
Ganesh Kol vs The State Of Madhya Pradesh on 12 August, 2021
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1 CRA-2419-2021
The High Court Of Madhya Pradesh
CRA-2419-2021
(GANESH KOL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 12-08-2021
Heard through Video Conferencing.
Shri L.P.Singh, learned counsel for the appellants.
Shri N.S.Solanki, learned Panel Lawyer for the respondent/State.
Heard on I.A. No.6743/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence filed on behalf of appellants -Rakesh Adivasi and Chhote @ Suresh.
Appellants have been convicted for the offence punishable unders Section 326 read with section 34 (three counts) and Section 324 read with section 34 of the IPC and sentenced to undergo rigorous imprisonment for 7 years with fine of Rs.5,000/- and 3 years with fine of Rs.1,000/- respectively with default stipulations.
Learned counsel for the appellants submit that the appellants were not involved in the crime and have been convicted only on the basis that they were present along with the other appellants on the spot at the time of the incident. None of the prosecution witnesses have alleged that the appellants assaulted them. Appellants have no criminal antecedents. No case is made out against them and they have strong prima facie case in their favour and appeal will take enough time for its final disposal, hence, the sentence of the appellants no.3 and 5 may be suspended and they may be released on bail.
Learned Panel Lawyer for the respondent/State has opposed the suspension application and submitted that in furtherance of their common intention, both the appellants are also liable for the offence caused by the co- accused persons therefore, the application for suspension of sentence filed by appellants deserves to be dismissed.
Having regard to the statements of the four injured persons namely Signature Not Ram Kripal Yadav (Pw-2), Ram Sajeewan Vishwakarma (Pw-3), Gokul SAN Verified Digitally signed by SMT SHALINI SINGH LANDGE Date: 2021.08.12 17:08:03 IST 2 CRA-2419-2021 Prasad Yadav (Pw-4) and Soobhnath Vishwakarma (Pw-5) and also considering the submissions of learned counsel for the appellants, I am of the view that it is a fit case for suspension of sentence and grant of bail in favour of appellants-Rakesh Adivasi and Chhote @ Suresh..
Accordingly, I.A. No.6743/2021 is allowed.
It is directed that on depositing of fine amount, if not already deposited and on furnishing personal bond for the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate surety bond in the like amount to the satisfaction of the Trial Court each for their appearance before the Registry of this Court on 13.09.2021 and on subsequent dates as may be fixed by the Registry of this Court, the appellants -Rakesh Adivasi and Chhote @ Suresh be released on bail and the substantive sentence under appeal shall remain suspended.
Certified copy as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
Sha
Signature
SAN Not
Verified
Digitally signed by
SMT SHALINI
SINGH LANDGE
Date: 2021.08.12
17:08:03 IST