Madhya Pradesh High Court
Monu Rai vs The State Of M.P. on 1 December, 2021
Author: Vivek Agarwal
1 CRA-4170-2021
The High Court Of Madhya Pradesh
CRA No. 4170 of 2021
(MONU RAI Vs THE STATE OF M.P. AND OTHERS)
Jabalpur, Dated : 01-12-2021
Shri Vikash Chouksey, learned counsel for the appellant.
Shri Puneet Shroti, learned Panel Lawyer for the State.
Shri Pranay Choubey, learned counsel for respondent No.2.
Heard on I.A. No.12929/2021, an application under Section 389(2) of
the Code of Criminal Procedure, 1973 on behalf of appellant-Monu Rai S/o
Jagat Singh Rai.
Appellant is aggrieved of the judgment dated 08.07.2021 passed by
learned Special Judge, SC/ST (Prevention of Atrocities) Act, Hoshangabad
(M.P.) in S.C. ATR No.92/2017 whereby the appellant has been convicted
for the offence punishable under Section 307/34 of IPC and has been
sentenced to undergo rigorous imprisonment for 10 years with fine of
Rs.2000/-, with default stipulation, under Section 341 of IPC and has been
sentenced to fine of Rs.500/- with default stipulation and under Section
323(two counts) of IPC and has been sentenced to fine of Rs.1000/- to each,
with default stipulation.
Learned counsel for the appellant submits that incident took place on
19.04.2017, allegation is on co-accused Shibbu @ Shiv Kumar that he had
fired a Gunshot from 'Katta' which had hit the thigh of the complainant-Phool
Singh S/o Deendayal. It is further submitted that there is a history of old
enmity between the family of Shibbu @ Shiv Kumar and Smt. Shivali Jha,
who was travelling with the complainant-Phool Singh on the faithful day on
his motorcycle. It is further submitted that in the evidence of Smt. Shivali Jha
(PW-1) it has come on record that she was not knowing the present
applicant-Monu Rai and she had given his name at the instance of
complainant-Phool Singh. It is further submitted that Smt. Shivali Jha has
admitted in para 26 in her cross-examination that no identification parade was
carried out for the accused Monu Rai and Javed. She has categorically
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2021.12.02 11:25:56 IST
2 CRA-4170-2021
deposed that she had given names of Monu and Javed at the instance of
Phool Singh.
Shri Vikas submits that complainant-Phool Singh in his examination-in-
chief has admitted that accused Monu Rai and Javed were not speaking much
and then in para 25 of the cross-examination has further admitted that Monu
and Javed had not indulge in any meeting or hardening of abuse. It is further
submitted that they have been falsely implicated, there is no common intention
and Court below has failed to appreciate the facts in the correct perspective.
Learned Panel Lawyer for the respondent/State opposes the
suspension application of the applicant-Monu Rai
Shri Pranay Choubey, learned counsel for respondent No.2 also
opposes the suspension application of the applicant-Monu Rai
After hearing the learned counsel for the parties and going through the
evidence, this Court is of the view that a fit case for suspension of sentence is
made out in favour of the appellant-Monu Rai
Accordingly, I.A. No.12929/2021 is allowed.
I t is directed that on depositing of fine amount, if not already
deposited and on furnishing personal bond to the tune of Rs. 50,000/-
(Rupees Fifty Thousand Only) with two solvent sureties in the like amount
to the satisfaction of the Trial Court for his appearance before the CJM,
Hoshangabad on 15.03.2022 and on subsequent dates as may be fixed by
the concerned Court, the appellant-Monu Rai be released on bail and the
substantive sentence under appeal shall remain suspended.
List for final hearing in due course.
Certified copy as per rules.
(VIVEK AGARWAL)
JUDGE
Tabish
Signature Not Verified
SAN
Digitally signed by MOHD TABISH KHAN
Date: 2021.12.02 11:25:56 IST
