Madhya Pradesh High Court
Chetan Rathore vs The State Of Madhya Pradesh on 1 December, 2021
Author: Sujoy Paul
1
HIGH COURT OF M.P. : BENCH AT INDORE
Cr.A. No.4944/2021
Chetan S/o Kishore Rathod and others vs. State of M.P.
Indore : 01/12/2021 :-
Mr. Surendra Singh, Sr. Counsel with Mr. Manish Sharma,
learned counsel for the appellants No.2, 3, 6, 7 and 9.
Mr. Sudhanshu Vyas, learned Panel Lawyer for the respondent/
State.
1. IA No.28789/2021 is taken-up, which is first application filed
under Section 389 (1) of the Cr.P.C for suspension of sentence of
appellant No.2, 3, 6, 7 and 9 who have been convicted under Sections
147, 302/149 and 323/149 (5 count) of the I.P.C and sentenced to
undergo one year R.I, life imprisonment, six months R.I each with fine
of Rs.500/-, Rs.5,000/-, Rs.500/- each with default stipulation vide
judgment dated 17-08-2021 passed by First Additional Sessions Judge,
Sendhwa, District Badwani.
2. Learned Senior Counsel by taking this Court to the prosecution
story submits that the deceased Suresh was President of "Teji."
community and on 04-10-2018 when main accused Chetan was
passing in front of the house of the deceased Suresh he pointed out that
Chetan has not deposited certain utensils to the "Dharamshala" of the
community. Because of this Chetan got annoyed. He allegedly abused
Suresh, but after sometime he came back with ten persons including
the present appellants. As per prosecution story Chetan, his brother
Rahul and Golu used force on the deceased Suresh. Chetan assaulted
the deceased by using a stone on his head. Later-on, Suresh died.
3. Learned Senior Counsel for these appellants by taking this Court
to the findings in paragraph-34 of the judgment submits that it is clear
like noon day that there was a free fight between the parties. There was
a cross First Information Report (F.I.R) lodged by appellant party.
Ultimately, certain injured witnesses PW-1, 2 and 4 were also
convicted by the Court below. By placing reliance on AIR 1976 SC
912 in the case of Puran Vs. State of Rajasthan it is urged that in a
case of this nature, Section 149 of IPC is not attracted. At best, the
accused persons can be punished limited to their overt act in the
incident. It is urged that there is no such act on part of present
appellants. They, by no stretch of imagination, could have assumed
that suddenly Chetan will use a stone to assault the deceased. The
appellants came empty handed. They were on bail before the Court
below and did not misuse the liberty. Similarly situated appellant
No.4/Gourav, No.5/Ravi, No.8/Kishore and No.10/Manoj have already
been granted benefit of suspension of jail sentence by order dated
17/11/2021 hence on ground of parity the present appellants also
deserve same benefit.
4. Prayer is opposed by the learned Panel Lawyer for State. He
urged that there are five injured witnesses who have deposed against
the appellants. He placed reliance on the judgment of Supreme Court
in Criminal Appeal No. 876/2021, Shakuntala Shukla Vs. State of
Uttar Pradesh decided on 07-09-2021 and Criminal Appeal
No.606/2021 Lakshman Singh vs. State of Bihar decided on
23/07/2021. By taking assistance of these judgments it is urged that
Section 149 is clearly attracted.
5. We have heard the parties at length.
6. As per the Doctor (PW-22), one injury which became reason of
death is found to be on the occipital region of the deceased. In view of
the free fight between the parties and the single injury which is
allegedly caused by main accused Chetan and the fact that similarly
situated appellant No.4/Gourav, No.5/Ravi, No.8/Kishore and
No.10/Manoj have already been granted benefit of suspension of jail
sentence by order ated 17/11/2021, we deem it proper to suspend the
remaining jail sentences of appellants. Consequently, IA
No.28789/2021 is allowed. The execution of jail sentences of the
present appellant No.2/Sheetal, No.3/Deepak, No.6/Rahul,
No.7/Rajesh @ Pankaj and No.9/Golu are hereby suspended and it is
ordered that the appellants be released on bail on their furnishing a
personal bond for a sum of Rs.50,000/- (Rs. Fifty Thousand) each
with one solvent surety each of the like amount to the satisfaction of
the trial Court with a further direction to appear before the Trial Court,
Badwani, District Badwani on 22.12.2021 and also on such other
dates, as may be fixed by the trial Court, Badwani, District Badwani in
this regard during the pendency of this appeal.
C.C. as per rules.
(Sujoy Paul) (Pranay Verma)
Judge Judge
Aiyer*
Digitally signed by
JAGDISHAN AIYER
Date: 2021.12.02
18:43:03 +05'30'
