Raja Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 5046 MP

                                                                            1                              CRA-7379-2019
                                                  The High Court Of Madhya Pradesh
                                                             CRA-7379-2019
                                                      (RAJA KUSHWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                        16
                                        Jabalpur, Dated : 06-09-2021
                                              Heard through Video Conferencing.
                                              Shri S.K. Gangrade, learned counsel for the appellants.
                                              Shri Anuj Singh, learned P.L. for the respondent-State.

Appeal has already been admitted on 12.03.2020. Heard on I.A.No.11251/2021, which is an application for suspension

o f sentence and grant of bail to the appellants-Raja Kushwah, Ranjit and Rakesh.

At this stage, learned counsel for appellants seeks permission to withdraw this I.A. on behalf of accused/appellants No. 1 & 2- Raja Kushwah and Ranjit.

Accordingly, I.A.No.11251/2021, is dismissed as withdrawn on behalf of accused/appellants No. 1 & 2-Raja Kushwah & Ranjit.

Considered aforesaid I.A.on behalf of accused/appellant No.5- Rajkumar Kushwah.

The appeal has been preferred by the appellants against judgment dated 09.08.2019 passed by learned Additional Sessions Judge, Berasiya, District- Bhopal in Session Trial No.372/2017.

Appellant No . 5 stands convicted for an offence punishable under Section 148 of the IPC and has been sentenced to undergo RI for 2 years with fine of Rs.1,000/- in default of payment of fine, additional S.I. for 30 days, Section 324 read with Section 149 of the IPC and has been sentenced to undergo RI for 2 years with fine of Rs.1,000/- in default of payment of fine, additional S.I. for 30 days and Section 307 read with Section 149 of the IPC and has been sentenced to undergo RI for 8 years with fine of Rs.4,000/- in default of payment of fine, additional S.I. for 3 months. Signature Not Verified SAN A s per prosecution case, on 14.06.2017 at about 11:15 am

Digitally signed by ASHWANI PRAJAPATI Date: 2021.09.06 16:08:31 IST 2 CRA-7379-2019 complainant-Hariballabh was working on the post of Munshi in the liquor shop of Hirankhedi. At that time, Sarjansingh Gurjar, Jagmohan, Mangilal and Rakesh Jha came there by his jeep bearing registration No. MP-04-CE-3373 and approached him for going to village Sankhed then complainant along with Sarjansingh reached at Barri Gurjar nearby shop of Shersingh. Sarjansingh and Shersingh started talking then present appellant along with other co-

accused persons armed with sword, rod and farsi, asked Sarjansingh that as to how he has taken the contract of liquor in his area and one Babu Indori also asked the Sarjansingh that at his instance, a case was registered against his son and all of sudden appellant No.1-Raja inflicted injury to Sarjansingh by means of sword and appellant No.2-Ranjit, Babu Indori and appellant- Rakesh inflicted injuries to complainant party by means of sword, rod and farsi, resultantly, complainant-Hariballabh, Sarjansingh and Rakesh Jha received injuries. Thereafter, on the complaint of the complainant, a case has been registered against the present appellant and other co-accused persons for the alleged offences.

Learned counsel for the appellant No.5 submits that the appellant No.5 is in jail since 22.06.2017. Present appellant has been falsely implicated in this case due to previous enmity. As per prosecution case, present appellant inflicted injuries to the complainant-Hariballabh Gupta (PW-6), Rakesh Jha (PW-7) and Sarjansingh (PW-15) by means of Farsi. Hariballabh Gupta (PW-

6) and Rakesh Jha (PW-7) received simple injuries and Sarjansingh (PW-15) received grievous injury which is dangerous to his life. Participation of present accused/appellant is doubtful. Surjan Singh (PW/15) did not allege any fact against this accused/appellant that this accused/appellant inflicted any injury to Sarjan Singh (PW/15). Present Accused/appellant has served almost 4 years out of 8 years of his jail sentence. Jail sentence of other co-accused Rakesh and Babulal Kushwah have already been suspended by this Court and they have been enlarged on bail vide order dated 24.7.2020 and 12.3.2021, respectively. The present appellant is aged about 29 years. There are many Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.09.06 16:08:31 IST 3 CRA-7379-2019 contradictions, omissions and improvements in the version of the prosecution witnesses. This appeal is of year 2019 and appeal will take time to conclude due to COVID-19. There are fair chance to succeed in the appeal. There is no likelihood of his absconding. Under the circumstances, if the sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of his jail sentence and grant of bail.

Learned P.L. has opposed the application and prayed for its rejection. Having considered the arguments advanced by learned counsel for the parties, on perusal of the record and the facts that appellant is in jail since 22.06.2017, so he has served 4 years of his jail sentence out of 8 years, Surjan Singh (PW/15) did not depose this fact that this accused/appellant

inflicted any injury to him, this appeal is of year 2019, final hearing of this appeal will take time due to Covid-19, but without commenting anything on the merit of the case, the said I.A. No.11251/2021 is allowed, it is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant No.5/accused-Rajkumar Kushwah shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial court on 04.10.2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

1. The Jail Authority shall ensure the medical examination of the appellant by the jail doctor before his release.

2 . The appellant shall not be released if he is suffering from 'Corona Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.09.06 16:08:31 IST 4 CRA-7379-2019 Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

List the matter for final hearing in due course. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.09.06 16:08:31 IST