Ramraja vs State Of Madhya Pradesh

On due consideration, application is allowed. Document is taken on record. Document is letter dated 09-07-2019 of CMHO, District Hospital, Guna

wherein he has referred the conduct of co-appellant No.4 -Baba Raja alias Ranvijay Singh to be satisfactory regarding community service.

Further heard on I.A. No.3735/2019, second application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail on behalf of

appellant No.5-Bannu Raja alias Siddharaj.

The appellant No.5 has been convicted under Sections 148, 323/149, 307/149 (two counts) of IPC and sentenced to undergo fine of Rs.500/-, 3

months' RI with fine of Rs.500/- and 10 years' RI with fine of Rs.10,000/- with default stipulation.

It is the submission of learned counsel for appellant No.5 that appellant No.5 is suffering incarceration more than 1 year two months (4 months during

trial and around 10 months after judgment has been pronounced.). The medical opinion given by the doctor does not indicate that the injuries sustained

by the injured were sufficient to cause death. He relied upon the judgment rendered by Hon'ble Apex Court in the case of Merambhai Punjabbhai

khachar Vs. State of Gujrat, reported in 1997 SCC (Cri) 1078 and coordinate Bench of this Court in the case of Shiv Kumar Singh Vs. State of M.P.

Thr. P.S. Mehgaon, District Bhind reported in 2016(3) Cr.L.R. (M.P.) 834. Both the judgments deal in respect of omission of the doctor regarding

nature of injuries which may cause death. It is further submitted that injured witness -Arjun stated in paras 8 and 9 of the judgment that he along with

his brother and his father went to lodge report on their own and did not take any aid or any transportation to reach the destination. Similarly, injured

witness also admitted the fact that his position was not serious.

It is further submitted that seizure memo and arrest memo of appellant No.5-Bannu Raja alias Siddharaj have not been proved because private

witnesses have turned hostile and Officer who caused the arrest and seizure did not appear in the dock. Beside that it is the case of free fight and the

cross case has been registered at the instance of appellant and other co-accused persons in which present complainant was injured and punished

under Sections 325/34 and 323/34 of IPC. Hearing of this appeal will take sometime. Appellant was on bail during trial and he never misused the said

liberty. He has good case on merits.

It is further submitted that at the time of incident appellant was 22 years old and he learnt the lesson hard way. He undertakes to perform some

community service to purge himself from the fiasco. He prayed for execution of the jail sentence be suspended and he may be released on bail.

On the other hand learned counsel for appellant opposed the prayer on the ground that looking to the injuries, no case for bail is made out, therefore,

he prays for dismissal of application.

Looking to the fact that appellant No.5 was on bail during trial and he never misused the said liberty as well as the fact that final hearing of this appeal

would take some time, application I.A.No.3735/2019 is hereby allowed. If appellant No.5-Bannu Raja alias Siddharaj furnishes bail bond in the sum of

Rs.1,00,000/-(Rupees One Lac only) along with one surety bond of the same amount to the satisfaction of the trial Court that he shall appear before

the Principal Registrar of this Court on 22-08-2019 and on all other subsequent dates as may be fixed by the Registry for appearance, then the

appellant shall be released on bail and execution of jail sentence is suspended till disposal of this appeal, subject to payment of fine.

As per the undertaking of the counsel, on behalf of the appellant No.5 for social/community work, the appellant is directed to visit District Hospital,

Guna in Outdoor Patient Department (OPD) and serve the patients till further orders, on every Monday and Tuesday, between 9 am to 1 pm so that

he may learn the lesson to believe in peaceful co-existence in the society and become a better citizen. Chief Medical Health Officer (CMHO),

District-Guna/Hospital Superintendent, Guna as the case may be, shall permit the appellant to work in the Outdoor Patient Department only while

assisting the ward boys and male nurses to serve the patients. He would not be allowed to move in the Wards and ICU etc.

CMHO, Guna/ Superintendent of District Hospital, Guna shall use the service of appellant in maintaining cleanliness in the building and serving the

patients and doing work like First Aid etc., so that appellant may inculcate some basic knowledge of First Aid or Emergency Care of patients which

may be helpful for unforeseen exigencies or natural calamities wherein appellant may be helpful as a volunteer.

A copy of this order be sent to CMHO, Guna for information and ensuring compliance of this order. CMHO, Guna may inform the Registry of this

Court, if any default is made by the appellant.

Even otherwise, CMHO may submit a report about the work done by the appellant after completion of his stint with community service. The report

may be submitted in September, 2019. On the other hand, appellant shall also have to submit a report in September, 2019 about his experience of

community service before this Court, which shall be placed before this Court under the caption “Directionâ€​ as PUD.

This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment

with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately engrained

attributes of human existence.

Certified copy as per rules.