Madhya Pradesh High CourtRavindra vs The State Of Madhya Pradesh on 5 December, 2022Author:Sujoy PaulBench:Sujoy Paul1\n                                                IN THE HIGH COURT OF MADHYA PRADESH\n                                                             AT JABALPUR\n                                                            CRA No. 6114 of 2022\n                                                     (RAVINDRA Vs THE STATE OF MADHYA PRADESH)\n\n                                Dated : 05-12-2022\n                                       Mr. Vishal Vincent Rajendra Daniel - Advocate for appellant.\n\n                                       Mr. S.K. Kashyap - Government Advocate for the respondent/State.Appeal is admitted for hearing.I.A. No.15205 of 2022, application for suspension of sentence and grant\n                                of bail to the appellant- Ravindra arising out of judgment dated 28.05.2022\n\n                                delivered in S.T. No.33 of 2018 by the learned Additional Sessions Judge,\n                                Niwari, District : Tikamgarh, M.P. is taken up.The appellant has been convicted for the offence punishable underSection 302of IPC and sentenced to undergo life imprisonment and fine of\n                                Rs.1000/- and underSection 25(1-B)A r/wSection 3of Arms Act and\n                                sentenced to undergo R.I. for 3 years with fine of Rs. 1000/- with default\n                                stipulations.As per the prosecution's case the present appellant Ravendra Rajak is\n                                wanted for the offence No. 30/18 underSection 392of IPC at police Station\n\n                                Teharka, District Tikamgarh.On 24.02.2018 at 10.am. ASI Rambabu (PW-1) along with constable\n                                Rajbahadur (deceased) had gone to search for the appellant. At about 7:30 pm,\n                                a secret information recieved by Rambabu that the appellant is present in\n                                society building situated at Khiston, Tigela. Rambabu (PW-1) had intimated\n                                this secret information to the SHO by mobile phone. The SHO sent ConstableSignature Not VerifiedSANPrashant (PW-2), Constable Lakhanal (PW-20), Constable Pramod (PW-6)Digitally signed by DEVESH KSHRIVASTAVADate: 2022.12.07 17:41:17 ISTwith arms and ammunition to help Rambabu Dubey.2All the aforesaid Police personnel went to the concerned society building\n                                at 8.pm. when the constable Rajbahadur and Prashant Lodhi (PW-2) were\n                                about to enter the society building, accused/present appellant fired a gunshot on\n                                the chest of deceased Rajbahaur, thereafter he fled away by taking advantage of\n                                the darkness. Co-accused Neelu dhimar who was also present there was caught\n                                by the police personnel. Deceased (Rambabu) was taken to CHC Prithvipur\n                                where doctor declared him dead. On the basis of above, the information of\n                                premature death was registered in P.S. Prithvipur, thereafter an FIR was lodged\n                                against the appellants.Learned counsel for the appellant submitted that actually the incident was\n\n                                caused by the unknown persons but thereafter appellant has falsely been\n                                implicated in the case. Ghanshyam (PW-4) who is an independent witness has\n                                not supported the case of prosecution. The other eye witnesses who claimed to\n                                have seen the incident are related witnesses. There are much contradiction and\n                                omission in their statement about the place of incident and other relevant\n                                material facts.As per spot map (Exhibit-P/3) the deceased has been killed in main gate\n                                located near boundary wall of the society but the eye witness Prashant (PW-2)\n                                admitted in paragraph 10 of cross-examination that the gunshot was fired near\n                                the gate of boundary wall and has denied that the appellant fired a gunshot when\n                                the gate of society room was opened..Learned counsel for the appellant further submit that he has examined\n                                head constable Dharampal Kurmi (DW-1) in his defence on 24.02.2018. As perSignature Not Verifiedthe statement of Dharampal (DW-1), it is clear that there is no entry in anySANDigitally signed by DEVESH KRoznamcha Sanha that Constable Lakhanlal (PW-20), Pramod Kumar (PW-6)SHRIVASTAVADate: 2022.12.07 17:41:17 ISTand Prashant (PW-2) on a secret information received by the informant were3sent to the spot by the SHO with arms and ammunition on 24.02.2018 between\n                                6:00 am to 10:59 pm. Therefore, the prosecution story appears to be\n                                concocted. The appellant is in custody since 29.03.2018. The final hearing of\n                                this appeal will take time, hence remaining jail sentence of the appellant may be\n                                suspended.Prayer is opposed by S.K. Kashyap, learned Govt. Advocate on the\n                                basis of objection.We have heard the parties and perused the record.Considering the aforesaid factual aspect, without expressing any opinion\n                                on merits of the case, we deem it proper to suspend the remaining jail sentence\n                                of the appellant. Accordingly, I.A. No. 15205 of 2022 is allowed.Subject to depositing the fine amount (if not already deposited), the\n                                remaining jail sentence of the            appellant- Ravendra Rajak is hereby\n                                suspended and it is directed that the appellant be released on bail on his\n                                furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand\n                                only) with one solvent surety of the like amount to the satisfaction of the trial\n                                court with a further direction to appear before the trial Court Singrauli on\n                                20.12.2022 and also on such other dates as may be fixed by the trial court in\n                                this regard during the pendency of this appeal.Certified copy as per rules.(SUJOY PAUL)                                    (PRAKASH CHANDRA GUPTA)\n                                     JUDGE                                                 JUDGE\n\n                                DevSSignature Not VerifiedSANDigitally signed by DEVESH KSHRIVASTAVADate: 2022.12.07 17:41:17 IST