Sughar Singh vs The State Of Madhya Pradesh Thr
2021 Latest Caselaw 6674 MP

          HIGH COURT OF MADHYA PRADESH,
                   BENCH AT GWALIOR
                     Cr.A. No.1413/2018
        (Sughar Singh Vs. The State of Madhya Pradesh)
                                    (1)

Gwalior, dated : 22/10/2021

      Shri Arun Pateriya, Advocate for the appellant.

      Shri Rajesh Shukla, Dy.A.G. for the respondent/State.

Heard on I.A. No.30455/2021, which is fifth application for

suspension and sentence and grant of bail to the appellant. The first

one (I.A. No.2020/18) was rejected on merits vide order dated

5/9/2018. The second application (I.A. No.2778/2019) for temporary

suspension was disposed of vide order dated 16/4/2019. The third

and fourth applications (I.A. Nos.11970/2020 & 23558/2020) for

interim suspension was allowed vide orders dated 19/8/2020 and

18/6/2021.

This criminal appeal assails the judgment dated 16.01.2018

passed in S.T. No.75/2010 by IV Additional Sessions Judge

(Sessions Division), Morena whereby appellant has been convicted

and sentenced as under:

Conviction under section Custodial Sentence     Fine
302 read with 149 of the Life Imprisonment      Rs.10,000/- in default to
IPC                                             suffer S.I. for 6 months
147 of IPC               R.I. for 6 months      Rs.500/- in default to
                                                suffer S.I. for 1 month
341 of the IPC                       -          Rs.500/- in default to
                                                suffer S.I. for 1 week.

with the direction that the custodial sentences shall run concurrently.

Prosecution story, as found proved, is that on 25/7/2009, at

about 9.30 AM complainant Rajendra Singh loged a Dehati Nalishi

to the effect that when complainant along with his elder brother

Jandel Singh (since deceased) was going to Morena on Tractor, the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.1413/2018 (Sughar Singh Vs. The State of Madhya Pradesh)

appellant and other co-convicts, armed with deadly weapons

intercepted the Tractor and all of them got Jandel alighted from

Mudguard of Tractor, while co-convict Matadeen fired on Jandel's

right thigh by his 12 bore rifle.

Learned counsel for the appellant submits that the learned trial

Court has erred in appreciating the evidence on record. After

rejection of the first application on merits, similarly situated co-

convict Satyapal Singh has been given the benefit of suspension of

custodial sentence vide order dated 1/10/2021. Appellant is not

alleged to have caused the gunshot injury. The only allegation

against the appellant is that he was present along with other accused

persons when the Tractor of deceased was intercepted and co-

accused Matadeen had fired at him. It is submitted that co-accused

Matadeen has been accquitted by the trial Court vide judgment dated

16/3/2021 passed in S.T. No.48/18 wherein material witnesses

including brother of the deceased Bhupendra had turned hostile.

Disposal of this appeal is likely to take time and owing to COVID-

19 outbreak, detention of appellant in already congested prisons may

be detrimental. He is ready to abide by the terms and conditions as

may be imposed by this Court. With the aforesaid submissions,

prayer for suspension of sentence is made.

The prayer is opposed by learned counsel for the State.

An early hearing of this case is not possible. Taking into

consideration the overall facts and circumstances of the case, but HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.1413/2018 (Sughar Singh Vs. The State of Madhya Pradesh)

without expressing any opinion on the merits thereof, the I.A. is

allowed.

It is, therefore, directed that if appellant namely Sughar Singh

deposits the entire fine amount, if not already deposited, and

furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty

thousand) with a solvent surety in the like amount to the satisfaction

of trial Court for his appearance before the Registry of this Court on

23rd November, 2021 and on such subsequent dates as may be fixed

in this regard, sentences of imprisonment awarded to him shall

remain suspended till further orders and he shall be released on bail.

The appellant shall furnish a written undertaking that he will abide

by the terms and conditions of various circulars, as well as, orders

issued by the Central Government, State Government and local

administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

Certified copy as per rules.

              (S.A.Dharamdhikari)                          (Deepak Kumar Agarwal)
                    Judge                                          Judge
(and)

        ANAND
        SHRIVASTAVA
        2021.10.23
        10:37:00
        +05'30'