Sunil Pal vs The State Of Madhya Pradesh
2021 Latest Caselaw 7450 MP

                HIGH COURT OF MADHYA PRADESH
              1                                      Cr.A.No.3957/2019
                 (Sunil Pal & Ors. Vs. State of M.P. )

Gwalior Bench:
Dated 16/11/2021
     Shri RKS Kushwah, learned counsel for appellant.
      Shri Awadhesh Parashar, learned Panel Lawyer for
respondent/State.

Heard on I.A.No. 29007/2021, is an application under Section 389 (1) of Cr.P.C. moved on behalf of appellant No. 3- Jeetu alias Jitendra for suspension of his remaining jail sentence.

By the impugned judgment of sentence and order of

conviction, appellant has been convicted for offence under

Sections 307/149 (on two counts), 148 and 506 of IPC and

sentenced to suffer various terms of sentences maximum of which

is seven years RI, with fine and default stipulations.

It is the submission of learned counsel for the appellant that

trial Court erred in convicting the appellant and awarding jail

sentence as referred above. No injuries have been sustained by the

victim at the hands of appellant-Jeetu alias Jitendra. According to

him, case may fall under the offence under Section 324 of IPC at

the best and certainly not under Section 307 of IPC. He also

raised the point of custody as according to him out of seven years

jail sentence, appellant already suffered more than 2 years seven

months of incarceration. He referred medical report and the

evidence of Medical Officer Dr. K.K.Shrivastava (PW/10) and his

opinion regarding injuries sustained by the victim. One injury was HIGH COURT OF MADHYA PRADESH

(Sunil Pal & Ors. Vs. State of M.P. )

lacerated would over head measuring 1 x 1 cm and another was

contusion over left forearm measuring 3 x 2 cm and doctor did

not opine that both the injuries were not sufficient to cause death

in ordinary course and beside that the depth of the wound does

not suggest that pressure was applied by the appellant. According

to him, case may fall under the offence under Section 324 of IPC

at the best and certainly not under Section 307 of IPC. He further

referred the fact that earlier appellant haunted by four criminal

cases but same resulted into acquittal and they were pertaining to

offence under Section 323 of IPC. He relied upon decisions of

Apex Court in the case of Nankaunoo Vs. State of Uttar

Pradesh, (2016) 3 SCC 317 and State of Rajasthan Vs.

Mohanlal, (2018) 18 SCC 535 in support of his submission. He

learnt the lesson hard way and now would mend his ways and

would become a better citizen. He has a good case on merits and

testimony of different witnesses indicate so. Hearing of appeal

shall take some time. Further he undertakes not to be a source of

embarrassment or harassment to the complainant party in any

manner and further intends to perform community service by

serving the environment and National cause by contributing his

part voluntarily by planting saplings. On these grounds, prayer HIGH COURT OF MADHYA PRADESH

(Sunil Pal & Ors. Vs. State of M.P. )

for suspension of sentence has been made out.

Counsel for the State as well as complainant opposed the

prayer and prayed for dismissal of the application.

Considering the submission of parties, without

commenting on the merits of the case, application I.A.No.

29007/2021 is allowed and it is hereby directed that subject to

payment of fine, remaining jail sentence of appellant No. 3-Jeetu

alias Jitendra shall remain suspended on his furnishing personal

bond of Rs. 1,00,000/- (Rupees One Lac only) with two solvent

sureties of Rs. 50,000/- each to the satisfaction of trial Court for

his appearance before the Office of this Court on 22/12/2021 and

all other subsequent dates as may be fixed by office in this regard

This order will remain operative subject to compliance of

the following conditions by the appellant No. 3 :-

1.The appellant will comply with all the terms and

conditions of the bond executed by him;

2. The appellant will not be a source of embarrassment

or harassment to the complainant party in any many and

would not move in their vicinity.

3. The appellant shall mark his appearance before the

police station-Aron, District Bhind in first week of every HIGH COURT OF MADHYA PRADESH

(Sunil Pal & Ors. Vs. State of M.P. )

month for next one year i.e. November, 2022 in between 11.00

am to 2.00 pm.

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(Sunil Pal & Ors. Vs. State of M.P. )

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Further, as per the undertaking and intent of the appellant

and looking to the fact that water is depleting day by day and this

area is anticipated to come under Zero Day zone, it is imperative

that appellant must install Water Harvesting System or Water

Recharge System in his house in which he is residing within

one month from the date of release of appellant, if not already

installed. appellant shall seek necessary permission required, if

any, in this regard from the concerned departments and

authorities shall facilitate and cooperate in this regard for HIGH COURT OF MADHYA PRADESH

(Sunil Pal & Ors. Vs. State of M.P. )

installation of water recharge / harvesting system. appellant shall

have to maintain the said system in future on regular basis. After

installation of system, appellant shall submit a report and

compliance certificate (if required), as well as photographs in this

regard before the registry of this Court, which shall be placed

before this Court under the caption "Direction".

This direction is being given by this Court in peculiar fact situation and looking to the intent and desire of the appellant to do some work for the betterment of Environment and Community. It is earnestly expected that this act of appellant would create an atmosphere of awareness in the public regarding water conservation Application stands allowed and disposed of. A copy of this order be sent to Collector of concerned

district where appellant resides and the trial Court concerned

for compliance and information.

I.A.No. 29007/2021 stands allowed and disposed of.

List the matter in due course.

E- copy/copy of this order be sent to the trial Court

concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.

(Anand Pathak) Judge jps/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

PRAKASH st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865 c7633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB 2193780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8072 A2D8C01433EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2021.11.17 10:18:30 +05'30'