Madhya Pradesh High Court
Ravi Tiwari vs The State Of Madhya Pradesh on 25 March, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-10812-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 10812 of 2023
(RAVI TIWARI Vs THE STATE OF MADHYA PRADESH )
Dated : 25-03-2025
Shri Prem Singh Bhadauria-Advocate for appellant.
Shri B.P.S. Chauhan-Public Prosecutor for respondent/State.
Shri Kushagra Shukla-Advocate for complainant.
Heard on I.A. No.6061/2025, second repeat application filed under Section 389(1) Cr.P.C. for temporary suspension of sentence on behalf of appellant-Ravi Tiwari on medical grounds.
The appellant stands convicted under Section 302/120-B (two counts) of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- (for each count), under Section 307/120-B of IPC (two counts) and sentenced to undergo 7 years R.I. with fine of Rs.5000/- (for each count), under Section 341 of IPC and sentenced to undergo 1 month's R.I. with fine of Rs.500/-, under Section 25(1-B)A of Arms Act and sentenced to undergo R.I. for 2 years with fine of Rs.1,000/- & under Section 27 of Arms Act and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with default stipulations vide judgment of conviction and order of sentence dated 08/08/2023 passed by Second Additional Sessions Judge, Bhind in ST No.247/2018.
It is the submission of learned counsel for appellant that present appellant is suffering from Hemorrhoids and Bleeding Piles. His Rectum is affected severely and therefore, Colonoscopy has been suggested. He has Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 26-03-2025 12:08:14 2 CRA-10812-2023 been referred to AIIMS Hospital, Bhopal. However, looking to his vulnerable conditions and peculiar nature of medical ailments, he may be given temporary suspension of sentence for some days so that he may take care of his food habits and the disease from which he is suffering.
Counsel for respondent refers the medical report dated 24/03/2025 submitted by Medical Officer of Central Jail, Gwalior and submits that he is suffering from the ailment as referred above.
Learned counsel for complainant opposed the prayer on the ground that this is a case of double murder and appellant is accused of the said case. He has criminal background.
Heard the learned counsel for the parties and perused the record. Considering the submissions and nature of ailments from which appellant is suffering, this Court is inclined to grant temporary suspension of sentence to present appellant from 27/03/2025 till 15/04/2025 but with certain stringent conditions.
Accordingly, I.A. No.6061/2025 is hereby allowed and it is directed that the jail sentence of appellant - Ravi Tiwari shall remain under suspension from 27/03/2025 till 15/04/2025 on his furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the concerned Trial Court.
During that period, he shall be referred to AIIMS, Bhopal and would undergo treatment there only and would not be a source of embarrassment and harassment to the complainant side in any manner. He shall submit the medical report about his treatment once he surrenders.
Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 26-03-2025 12:08:143 CRA-10812-2023 He shall surrender before the concerned trial Court on or before 15/04/2025 and the report be submitted before this Court for verification regarding surrender by appellant.
List the case in the week commencing 21/04/2025.
Copy of this order be sent to the trial Court concerned for necessary compliance.
Certified copy as per rules.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
(Dubey)
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 26-03-2025
12:08:14