Gamer vs The State Of Madhya Pradesh
2021 Latest Caselaw 5269 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                         CR. A. No. 7044 / 2018
                         GAMER Vs. STATE OF MP
                                                                   --- 1 ---
INDORE, Dated : 09/09/2021
        Heard through video conferencing.
        Mr. Pradeep Kumar Gupta, learned counsel for the
appellant.
        Mr.     Valmiki      Sakargayein,        learned   Government
Advocate for the respondent - State.

Heard on I.A.No.20098/2021, an application filed under Section 389(1) of the Code of Criminal Procedure, 1973 on behalf of appellant Gamer for suspension of jail sentence and grant of bail. Appellant has been convicted and sentenced vide judgment dated 11/8/2018 by the learned 1 st Addl. Sessions Judge, Manasa, Distt. Neemuch in S.T.No. 63/2011, as under :

  Conviction                           Sentence
      Section         Act.    Imprisonment Fine            Imprisonment
                                                           in lieu of fine
148             IPC           1 YEAR RI     --             --
302/149         IPC           IMPRISONM Rs.1000/-          6 months RI
                              ENT FOR
                              LIFE
307/149         IPC           3-3 YEARS     Rs.500 &       3 months RI
                              RI            Rs.500 (3
                                            times)

Learned counsel for the appellant submits that the impugned order is bad in law and not borne out from the facts and evidence on record, is liable to be set aside. The trial Court has lost sight of the fact that no independent witness has been examined by the prosecution. The trial Court erred in placing reliance on the statement of the HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 7044 / 2018 GAMER Vs. STATE OF MP

--- 2 ---

prosecution witnesses and not giving weight to the defence version. Applicant has undergone 10 years and 3 months imprisonment by now and appeal is likely to take a considerable long time for its final hearing. Hence, he prays for grant of bail and suspension of execution of remaining jail sentence of the appellant.

Per contra, learned Government Advocate for the respondent - State strongly opposed the prayer for suspension of custodial sentence and submits that sufficient evidence is available on record to establish the guilt of the appellant in the alleged offence and no case for suspension of jail sentence is made out. In such circumstances the application be dismissed.

Heard learned counsel for the parties and perused the record.

After perusal of the record, it reveals that it is a mtter of sudden fight. Appellant has been convicted in this matter and other five co-accused are absconding. Appellant Gamer is not the main accused. Main accused is the Manohar who caused grievous injuries on the head of deceased Raju, due to which he died. The prosecution has examined Mukesh (PW

5), Bapulal (PW 6) and Ishwar (PW 9), as injured eye- witnesses. Appellant did not use any deadly weapon at the time of incident.

After considering the submissions made by the learned counsel for the parties and looking to the facts and HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 7044 / 2018 GAMER Vs. STATE OF MP

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circumstances of the case and the evidence available on record and also the fact that appellant has already suffered more than 10 years jail incarceration, he is now 60 years old person, co-accused are still absconding, without commenting upon the merits of the case, it would be appropriate to allow the application of applicant Gamer. Accordingly, I.A.No. 20098/2021 is allowed.

It is directed that subject to depositing the amount of fine, execution of remaining jail sentence of appellant Gamer shall remain suspended and he be released on bail on his furnishing personal bond of Rs.75,000/- (Rs. Seventy five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Office / Registry of this Court on 24/11/2021 and on such other dates as may be fixed in this behalf.

Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.

Certified copy, as per Rules.

                (SUJOY PAUL)                   (ANIL VERMA)
                  JUDGE                          JUDGE
    KR



Digitally signed by KAMAL RATHORE

Date: 2021.09.09 16:46:51 +05'30'