Bhagirath vs The State Of Madhya Pradesh
2021 Latest Caselaw 176 MP

                                      1                     Cr.A.No.6003/2020




       HIGH COURT OF MADHYA PRADESH : JABALPUR
                     Criminal Appeal No.6003/2020
           (Bhagirath & others vs. State of Madhya Pradesh)
Jabalpur, dated : 24.02.2021.
       Per Virender Singh, J.

Shri J.L.Soni, learned counsel for the appellants. Shri J.S.Hora, learned Panel Lawyer for the respondent-State. Heard on admission.

Admit.

Heard on I.A.No.13189/2020 which is an application under Section 389(1) CrPC for suspension of custodial sentence of appellants/applicants namely Chhamma Bai and Bhuri Bai. Vide judgment & order dated 23.10.2020 passed in S.T.No.92/2017, the applicants have been convicted and sentenced as under :

     Conviction                            Sentence
Section 148 IPC     R.I. 2 years      Fine Rs.1000/-     Default-S.I. for 30
                                                         days.
Section 302/149     Life              Fine Rs.10,000/-   Default-S.I. for 1
IPC                 Imprisonment                         year.
Section 324/149     R.I.for 1 year.   Fine Rs.1000/-     Default-S.I. for 30
IPC                                                      days.

2. It is the case of the prosecution that on account of old rivalry with regard to usage of public passage headed towards the fields of the parties, on 09.10.2016 at about 4-5 pm, the complainant Jagdish and his father Balkishan were cordoned by co-accused persons and there crippled a verbal dispute which ensued in assault.

3. Bhagirath Gurjar and Arjun Gurjar wielded battle axe on the head of complainant-Jagdish. When the complainant tried to rescue himself,

he suffered injuries in both the hands. When his father Balkishan intervened to rescue his son then all the accused persons assaulted him also and cause fatal injuries resulting in his death. It is alleged that both the applicants were also present with the sticks in their hands and joined the other co-accused persons in the assault.

4. Similar is the allegation of the other eye-witnesses examined by the prosecution viz. Inder Singh PW-2, Vikram Singh PW-3, Jodaram PW-4 and Badri Prasad PW-5.

5. In his Court statement, complainant Jagdish has not made any specific allegation against both the applicants except that they were present on the spot and also assaulted the victims alongwith the co- accused persons. The applicants are running in their 70's and were on bail during the trial.

6. After going through the statement of the witnesses; the injury report of Jagdish PW-1 and the post mortem report of deceased Balkrishna, in our considered opinion, case for grant of suspension is made out. Therefore, overruling the objection of the State but without commenting on the merits of the case, the application is allowed.

7. It is directed that on deposit of fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.50,000/- (Fifty thousand rupees) each with separate surety in the like amount to the satisfaction of the Trial Court for their appearance before the trial Court on 21.06.2021 and on subsequent dates as may be fixed by the trial Court, the execution of substantive jail sentence imposed on the appellant/applicant No.3-Chhamma Bai and appellant/applicant No.4- Bhuri Bai shall remain suspended till final disposal of this appeal.

8. In the event of non-appearance of the appellants/applicants, the trial Court shall be at liberty to take coercive steps against them to secure their presence under the intimation to this Court.

9. Let the appeal be listed for final hearing in due course.

          (PRAKASH SHRIVASTAVA)                     (VIRENDER SINGH)
                 JUDGE                                   JUDGE


anand
Digitally signed by
ANAND KRISHNA SEN
Date: 2021.02.26
16:45:33 +05'30'