Madhya Pradesh High Court
Bhappu @ Mahendra vs The State Of Madhya Pradesh on 14 June, 2021
Author: Sheel Nagu
1
The High Court of Madhya Pradesh
CRA-4783-2017
(Bhappu @ Mahendra & Anr. Vs. State of M.P.)
Gwalior dated : 14.06.2021
Shri Atul Gupta, learned counsel for the appellant No.2.
Shri Rajesh Shukla, learned Deputy Advocate General for the
respondent/State.
This case is heard through video conferencing.
I.A.No.2401/2020, an application for change of counsel.
On due consideration, same is allowed and Shri Atul Gupta and his
associates are permitted to argue the case on behalf of appellant No.2.
This criminal appeal assails the judgment dated 26.9.2017 passed in
S.T. No.200084/2016 by District Judge, Datia, whereby appellant No.2-
Ram Prasad Dohre has been convicted as under:
Section Punishment Fine
302/34 of IPC L.I. Rs.2000/- with default
stipulation
I.A.No.9310/2020, second repeat application u/S. 389(1) Cr.P.C. for
suspension of sentence moved on behalf of appellant No.2-Ram Prasad
Dohre after dismissal of earlier one without being considered on merits is
taken up and considered.
Learned counsel for the State opposed the application and prayed for
its rejection by contending that on the basis of the allegations and the
material available on record, no case for grant of suspension of sentence is
made out.
Prosecution story found to be proved is that assailant who caused
gunshot injury and the deceased are real brothers, while appellant Ram
Prasad Dohare is their father, who is alleged to have come out of the house
and seen one of his son killing other, but doing nothing to save one of his
son or taking him to the hospital, but instead walking into the house.
Section 34 of IPC has been invoked to convict appellant Ram Prasad
Dohare.
The conviction with the aid of Section 34 of IPC is always a weak
piece of evidence, and therefore, looking to the prosecution story, specially
when appellant Ram Prasad Dohare has undergone about 5 years of
incarceration and the special circumstances of ongoing Covid-19 pandemic
and that there is no hope of this appeal coming up in the near future for final
hearing, without commenting upon merits of the case, I.A. No.9310/2020 is
allowed and it is directed that jail sentence of appellant No.2-Ram Prasad
Dohare will remain under suspension subject to verification that the amount
of fine has been deposited, on the appellant's furnishing bail bond of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the
like amount to the satisfaction of concerned Magistrate for his appearance
before the concerned Magistrate on 29/11/2021 and on such further dates as
may be fixed by him which shall be of frequency not less than once in a
year.
In case, appellant No.2-Ram Prasad Dohre is found absent on any
date fixed by the concerned Magistrate then the said Magistrate 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.
The learned concerned CJM/Magistrate and the prosecution are
directed to ensure following of Covid-19 precautionary protocol prescribed
from time to time by the Supreme Court, the Central Govt. and as well as the
State Govt during release, travel and residence of appellant- Ram Prasad
Dohare during period of suspension of sentence as a consequence of this
order.
A copy of this order be sent to the Magistrate of the concerned district
for compliance.
C.c as per rules
(Sheel Nagu) (Anand Pathak)
Judge Judge
ms/-
MADHU
SOODAN
PRASAD
2021.06.16
12:36:14 -07'00'
