Gyan Singh Rathor vs The State Of Madhya Pradesh
2021 Latest Caselaw 4755 MP

                                   1                             CRA-10496-2019
        The High Court Of Madhya Pradesh
                   CRA-10496-2019
          (GYAN SINGH RATHOR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

6
Gwalior, Dated : 26-08-2021
       Heard through hybrid system of physical/ virtual hearing.
       Shri Ayush Saxena, learned Counsel for the appellants.
       Shri    Lokendra Shrivastava, learned Public Prosecutor for the
respondent/ State.

Shri Arun Pateriya, learned Counsel for the complainant.

This Criminal Appeal assails the judgment dated 22/10/2019 passed in Sessions Trial No.294/2018 passed by Second Additional Sessions Judge, Ambah, District Morena whereby appellant No.1 Gyan Singh Rathor and appellant No.2 Rajesh Singh Rathor have been convicted u/Ss. 302, 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/- with default stipulation.

IA No.8539/2020, first application u/S. 389 of CrPC for suspension of sentence and grant of bail moved on behalf of appellant No.1 Gyan Singh Rathor is taken up and considered along with reply filed by the State.

Prosecution story found proved is that on the fateful day, the rival parties exchanged abusive words which was followed by an altercation, where appellant No.2 Rajesh Singh Rathor was found to have caused an injury in the chest of the deceased with the help of a spear which turns out to be fatal. The assault by appellant No.1 Gyan Singh Rathor is to the effect that he has caused an axe injury on the head of the deceased which was discovered to be lacerated wound but was not opined to be fatal in nature. The cause of death is attributed to the spear injury in the chest.

Reply filed by State reflects no criminal antecedent of appellant No.1 Gyan Singh Rathor.

Considering the aforesaid and the fact that only a single blow is inflicted and there are contradictions between earlier statements u/S. 161 2 CRA-10496-2019 CrPC of various persons in regard to assault made by appellant No.1 Gyan Singh Rathor with an axe when compared with testimony recorded before the Court, and the fact that appellant No.1 Ghyan Singh Rathor has suffered about two and a half years of incarceration as against life imprisonment awarded and there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to appellant No.1 Gyan Singh

Rathor, by way of suspension of sentence.

Accordingly, without expressing any opinion on the merits, IA No.8539/2020 is allowed and it is directed that the jail sentence of appellant No.1 Gyan Singh Rathor will remain under suspension subject to verification that the amount of fine has been deposited, on his furnishing bail bond of Rs.1,00,000/- (Rupees one lac only) with one solvent surety of the like amount to the satisfaction of concerned CJM, for appearance of appellant No.1 Gyan Singh Rathor before the concerned CJM on 20th December, 2021 and on such further dates as may be fixed by him which shall be of frequency of not less that once a year.

In case, appellant No.1 Gyan Singh Rathor found absent on any date fixed by concerned CJM, then the said CJM shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

CC as per rules.

  (SHEEL NAGU)                                                              (DEEPAK KUMAR AGARWAL)
     JUDGE                                                                               JUDGE


MKB


  MAHENDRA      Digitally signed by MAHENDRA KUMAR BARIK
                DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh,

KUMAR BARIK 2.5.4.20=f592da990684fe30f8e1e29a4a1a9e3451ee450d8830 83a8e4cc8020eee6f7cb, cn=MAHENDRA KUMAR BARIK Date: 2021.08.26 17:09:30 +05'30'