Hemraj vs The State Of Madhya Pradesh
2021 Latest Caselaw 524 MP

      :1:                          Cr.A. No.767-2021

THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                         Cr.A. No.767-2021
               (Hemraj & 2 others vs. State of M.P.)
Indore, Dated: 08.03.2021
        Shri Vivek Singh, learned counsel for the appellant-
Mangilal s/o Dukka Gurjar.
        Ms. Archana Maheshwari, learned Panel Lawyer for the
respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Record of the trial court be requisitioned. Heard on I.A. No.3253/2021, which is the first application

filed under Section 389(1) of the Cr.P.C. for suspension of jail

sentence of the appellant No. 3/Mangilal s/o Dukka Gurjar.

The appellant has been convicted and sentenced by the Fifth

Additional Sessions Judge, Ratlam vide judgment dated 23/01/2021

passed in S.T. No.311/2012 as under:

Name of the         conviction       Sentence Fine       In lie
appellant                                     amount
Mangilal            u/S 323 /149     3 months -              -
                    IPC              R.I.
S/o Dukka Gurjar
                    u/S 307 /149     7 yrs.R.I. 2000/-   4 months RI
                    IPC
                    u/S 326 /149     3 yrs.R.I. 1000/-   2 months RI
                    IPC

The allegation against the present appellant is that he along

with three other co-accused persons were assaulted the complainant

party in which two persons received grievous injuries whereas four

other persons received simple injuries.

The allegation against the present appellant is that he caused :2: Cr.A. No.767-2021

simple injury to one Anil.

Learned counsel for the appellant has submitted that

admittedly, it was a case of free fight which has also been drawn by

the learned trial Court itself, however, the learned Judge has

convicted the appellant with the aid of section 149 of the IPC. It is

further submitted that it was a free fight where one person from the

appellant side viz, Jagdish also suffered injury and succumbed to

death for which F.I.R. at crime No.297/2012 was lodged at police

station-Industrial Area, Ratlam. Learned counsel has further

submitted that in these facts and circumstances, the specific injury

which is attributable to the present appellant can only be taken into

consideration and not the other injury cause by the the other injured.

To bolster his submissions, learned counsel for the appellant

has relied upon the decision rendered by the Hon'ble Supreme Court

in the case of Puran Vs. State of Rajasthan in (1976) 1 SCC 28.

Under these circumstances, learned counsel for the appellant prays

for suspension of remaining custodial sentence and grant of bail to

the appellant as he is in jail since 23.1.2021.

On the other hand, learned counsel for the State/respondent

opposed the prayer, however, it is not denied that it was a case of free

fight as a counter case was also filed by the appellants.

In due consideration of the submissions made on behalf of the

parties, on perusal of the record, this Court finds that the overt act

attributable to the present appellant is causing simple injury to one :3: Cr.A. No.767-2021

Anil (P.W.7) and considering the fact that it was a free fight between

the parties, it would be appropriate to suspend the jail sentence of the

appellant.

Accordingly, I.A. No.3253/2021 is allowed and it is directed

that on furnishing personal bond by appellant No.3 Mangilal s/o

Dukka Gurjar in the sum of Rs.25,000/- (Rupees Twenty Five

Thousand only) with one solvent surety in the like amount to the

satisfaction of the learned trial Court, for his regular appearance

before the concerned trial Court, the execution of custodial part of the

remaining sentence imposed against the appellant shall remain

suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark their presence before the concerned trial Court on 30/04/2021 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Certified copy, as per rules.

(Subodh Abhyankar) Judge moni

Digitally signed by Moni Raju Date: 2021.03.09 10:44:59 +05'30'