Mahesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 5552 MP

                                     1                                CRA-2114-2021
         The High Court Of Madhya Pradesh
                    CRA-2114-2021
                (MAHESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

4
Indore, Dated : 16-09-2021
       Shri Vivek Singh, learned counsel for the appellant.
       Shri Sudhanshu Vyas, learned Panel lawyer for the respondent-State.

Heard through Video Conferencing.

Heard on I.A.No 23469/2021, first application for suspension of sentence filed on behalf of the appellant No.3-Kedar Singh.

The appellant No.3 has been convicted under Sections 341 of IPC and fine of Rs.100/- has been imposed and under Section 307/34 of IPC and sentenced to suffer 04 years RI with fine of Rs.100/- with default stipulation respectively, vide judgment dated 10/03/2021 passed by Sessions Judge, Shajapur in Sessions Trial No.327/2015.

As per prosecution story, on 19/06/2015 at about 09 pm, while complainant Badri was going on the motorcycle from village Madana to Khilchipur Silepur Road, accused persons namely Narayan, Mahesh, Kedar, Kapil and Pappu came with common intention to kill the complainant armed with sharp weapon like farsa and lathi. Narayan hit on the head of Badri with farsa, Mahesh hit on the right leg of

Badri with farsa causing incised wound, Pappu and Rai Singh caught hold of Badrilal and instigated Narayan, Alam and Mahesh to break his both the hands. All three of them hit the complainant-Badri, particularly causing grievous injuries on his head, leg and cheeks. When Anita came to intervene and pacify, Kamlabai caught hold of her and Sanjubai hit her with Darata.

Learned counsel for appellant No.3 submits that neither there is any overt act attributed to the appellant No.3 nor he has caused any injury to the complainant Badri. The allegations against appellant No.3-Kedar Singh is that he was present on the spot at the time of incident, albeit he was convicted under Section 307/ 34 of I.P.C. Learned counsel further submits that appellant No.3 has suffered jail incarceration for 02 months during trial and for the date of judgment i.e. 10/03/2021 till today, therefore, more than 06 months period has passed by. Looking to the Covid-19 situation, the disposal of appeal will take time, hence, prays for suspension of sentence and grant of bail.

                                                          2                                CRA-2114-2021
                       Learned Panel Lawyer for the respondent-State opposes              the application

supporting the order impugned with the submission that complicity of appellant No.3 is writ large looking to the fact that he alongwith other co-accused persons reached the spot with common intention to cause death of the complainant. Eye witnesses have also named the present appellant No.3 in their depositions. Therefore, no exception can be taken in the matter of enlargement of appellant No.3 on bail.

Taking into consideration the fact that disposal of appeal will take time, subject to depositing the fine amount, the application is allowed. It is directed that the jail sentence of the appellant No.3- Kedar Singh shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees one lac fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellant No. 3 is directed to appear before the Registry of this Court on 08/11/2021 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

( i ) the concerned jail authorities are directed that before releasing the appellant No.3, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID- 19, then the consequential follow up action or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order ;

(ii) violation of conditions, State is free to apply for cancellation of bail. Accordingly, the IA stands allowed and disposed of. E-certified copy as per rules.

(ROHIT ARYA) JUDGE

vc

Digitally signed by VARSHA CHATURVEDI

VARSHA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh,

CHATURVEDI 2.5.4.20=df59fbf0f5c7485addc8affe3edf20e6 7d11d7f91045d81139f6792fbd4ae91f, cn=VARSHA CHATURVEDI Date: 2021.09.17 11:27:24 +05'30'