Sonu @ Lancha vs The State Of Madhya Pradesh
2021 Latest Caselaw 4587 MP

                 HIGH COURT OF MADHYA PRADESH
               1                                     Cr.A.No.3959/2019
                 (Sonu alias Lancha Vs. State of M.P. )

Gwalior Bench:
Dated 24/08/2021
     Shri RKS Kushwah, learned counsel for appellant.
      Shri     K.K.Prajapati,    learned     Panel       Lawyer   for
respondent/State.

Shri Dharmendra Dwivedi, learned counsel for the complainant.

Heard on I.A.No. 5403/2021, is an application under

Section 389 (1) of Cr.P.C. moved on behalf of appellant for

suspension of jail sentence.

By the impugned judgment of sentence and order of

conviction, appellant has been convicted for offence under

Sections 307/149 (on two counts), 148 and 506 of IPC and

sentenced to suffer various terms of sentences maximum of which

is seven years RI, with fine and default stipulations.

It is the submission of learned counsel for the appellant that

trial Court erred in convicting the appellant and awarding jail

sentence as referred above. He referred medical report and the

evidence of Medical Officer Dr. K.K.Shrivastava (PW/10) and his

opinion regarding injuries sustained by the victim at the hands of

present appellant. One injury was lacerated would over head

measuring 1 x 1 cm and another was contusion over left forearm

measuring 3 x 2 cm and doctor did not opine that both the injuries

were not sufficient to cause death in ordinary course and beside HIGH COURT OF MADHYA PRADESH

(Sonu alias Lancha Vs. State of M.P. )

that the depth of the wound does not suggest that pressure was

applied by the appellant. According to him, case may fall under

the offence under Section 324 of IPC at the best and certainly not

under Section 307 of IPC. He also raised the point of custody as

according to him out of seven years jail sentence, appellant

already suffered more than 2 and half years of incarceration. He

further referred the fact that earlier appellant haunted by two

criminal cases but same resulted into acquittal and they were

pertaining to offence under Section 323 of IPC. He relied upon

decisions of Apex Court in the case of Nankaunoo Vs. State of

Uttar Pradesh, (2016) 3 SCC 317 and State of Rajasthan Vs.

Mohanlal, (2018) 18 SCC 535 in support of his submission. He

learnt the lesson hard way and now would mend his ways and

would become a better citizen. He has a good case on merits and

testimony of different witnesses indicate so. Hearing of appeal

shall take some time. Further he undertakes not to be a source of

embarrassment or harassment to the complainant party in any

manner and further intends to perform community service by

serving the environment and National cause by contributing his

part voluntarily by planting saplings. On these grounds, prayer

for suspension of sentence has been made out.

HIGH COURT OF MADHYA PRADESH

(Sonu alias Lancha Vs. State of M.P. )

Counsel for the State as well as complainant opposed the

prayer and prayed for dismissal of the application.

Considering the submission of parties, without

commenting on the merits of the case, application I.A.No.

5403/2021 is allowed and it is hereby directed that subject to

payment of fine, remaining jail sentence of appellant shall remain

suspended on his furnishing personal bond of Rs. 1,00,000/-

(Rupees One Lac only) with two solvent sureties of Rs. 50,000/-

each to the satisfaction of trial Court for his appearance before

the Office of this Court on 22/12/2021 and all other subsequent

dates as may be fixed by office in this regard

This order will remain operative subject to compliance of

the following conditions by the appellants :-

1.The appellant will comply with all the terms and

conditions of the bond executed by him;

2. The appellant will not be a source of embarrassment

or harassment to the complainant party in any many and

would not move in their vicinity.

3. The appellant shall mark his appearance before the

police station-Aron, District Bhind in first week of every

month for next one year i.e. August, 2022 in between 11.00 am HIGH COURT OF MADHYA PRADESH

(Sonu alias Lancha Vs. State of M.P. )

to 2.00 pm.

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vU;Fkk vkosnd dks o`{kksa ds jksi.k ds fy, rFkk muds lqj{kk mik;ksa ds fy, vko';d HIGH COURT OF MADHYA PRADESH

(Sonu alias Lancha Vs. State of M.P. )

[kpsZ ogu djuk gksxsaA

bl U;k;ky; }kjk ;g funsZ'k ,d ijh{k.k izdj.k ds rkSj ij fn, x,

gSa rkfd fgalk vkSj cqjkbZ ds fopkj dk izfrdkj] l`tu ,oa izd`fr ds

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izd`fr dks fodflr djus dh vko';drk gS D;ksafd ;g ekuo thou dh

ewyHkwr izo`fr;ka gSa vkSj ekuo vfLrRo dks cuk, j[kus ds fy, budk

iquthZfor gksuk vko';d gSA

;g funsZ'k vkosnd ds }kjk Lor% O;Dr dh xbZ lkeqnkf;d lsok

dh bPNk ds dkj.k fn;k x;k gS tks LoSfPNd gSA

^^;g iz;kl dsoy ,d o`{k ds jksi.k dk iz'u u gksdj cfYd ,d

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Further, as per the undertaking and intent of the appellant

and looking to the fact that water is depleting day by day and this

area is anticipated to come under Zero Day zone, it is imperative

that appellant must install Water Harvesting System or Water

Recharge System in his house in which he is residing within

one month from the date of release of appellant, if not already

installed. appellant shall seek necessary permission required, if

any, in this regard from the concerned departments and

authorities shall facilitate and cooperate in this regard for

installation of water recharge / harvesting system. appellant shall

have to maintain the said system in future on regular basis. After HIGH COURT OF MADHYA PRADESH

(Sonu alias Lancha Vs. State of M.P. )

installation of system, appellant shall submit a report and

compliance certificate (if required), as well as photographs in this

regard before the registry of this Court, which shall be placed

before this Court under the caption "Direction".

This direction is being given by this Court in peculiar fact situation and looking to the intent and desire of the appellant to do some work for the betterment of Environment and Community. It is earnestly expected that this act of appellant would create an atmosphere of awareness in the public regarding water conservation Application stands allowed and disposed of. A copy of this order be sent to Collector of concerned

district where appellant resides and the trial Court concerned

for compliance and information.

I.A.No. 5403/2021 stands allowed and disposed of.

List the matter in due course..

E- copy/copy of this order be sent to the trial Court

concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.

(Anand Pathak) Judge jps/-

JAI       Digitally signed by JAI PRAKASH
          SOLANKI
          DN: c=IN, o=HIGH COURT OF MADHYA
          PRADESH BENCH GWALIOR, ou=HIGH


PRAKASH
          COURT OF MADHYA PRADESH BENCH
          GWALIOR, postalCode=474001,
          st=Madhya Pradesh,
          2.5.4.20=287738d30aabaeda9b10cecd


SOLANKI
          f179cec865c7633f4cfb9e38ce14fcbb05
          b9522a, cn=JAI PRAKASH SOLANKI
          Date: 2021.08.25 09:54:47 +05'30'