Trilok @ Tilaksingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1556 MP

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        THE HIGH COURT OF MADHYA PRADESH
                   BENCH AT INDORE
(D.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA AND HON'BLE
       Mr. JUSTICE RAJENDRA KUMAR (VERMA) JJ.)
                  Criminal Appeal No.516/2017
               ([email protected] V/s State of M.P.)
Indore, Date: 03.02.2022:
     Shri Vivek Singh, learned counsel for the appellant.
      Shri Sudhanshu Vyas, learned Govt. Advocate for the
respondent/State.

Heard on I.A. No.28455/2021 repeat third application for suspension of sentence under section 389 of the Cr.P.C. filed on behalf of the appellant - [email protected] Tilaksingh who have been convicted vide judgment dated 15/09/2017 passed in Sessions Trial No.421/2011 by the Special and Additional Sessions Judge, Dhar as below:-

Conviction             Sentence
Section       Act      Imprisonment          Fine         Imprisonment
                                                          in Lieu of fine
302           IPC      Life Imprisonment     Rs.1,000/-   2 month R.I.
323           IPC      1 years R.I.          Rs.1,000/-   2 month R.I.

First application for suspension of sentence of the appellant was dismissed as not pressed on 29.05.2017 and second application for suspension of sentence was dismissed on 06.04.2018 on merits.

Shri Singh learned counsel for the appellant submits that the appellant has wrongly under section 302 of the IPC and at the most it is the case of section 325 and 304 (Part-II) of the IPC. The dispute was suddenly occurred and there was no premeditation or pre-plan. The appellant and other co-accused simply said to have assaulted by fists and legs but unfortunately deceased Anil died. It is further submitted that in FIR there was no allegations that appellant has hit the head of the Anil by wall or table but the same has been stated in

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the statement recorded under section 161 of the Cr.P.C. and in the Court statement. The other accused have been convicted under section 323 of the IPC and sentenced to undergo one year R.I. The P.W.-1 complainant and others came to the hotel (dabba) of this appellant for the first time and they were not known to this appellant and other accused earlier then how how the FIR has been registered with name against four accused persons has not been examined by the sessions court. In FIR there is no specific allegation that out of four accused persons who has caused the injuries on the head of the deceased Anil. The appellant is not an habitual offender. He has completed sentence of more than five years. The real brother of the deceased has not made any allegation about causing of injuries by this appellant on the head of the deceased. No deadly weapon was used for commission of offence therefore, there was no intention to kill hence, offence would not travel more than section 325 or 304 (Part-I) of the IPC and for which the appellant has already undergone sufficient period of incarceration.

Learned Govt. Advocate for the respondent/State opposes the bail application by submitting that the State has preferred a cross- appeal against the acquittal of this appellant under the ST/SC Act as well as other accused persons.

Considering the facts and circumstances of the case, we deem it proper to suspend the remaining jail sentence of this appellant. Accordingly, I.A. No.28455/2021 is allowed. Execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant- [email protected] Tilaksingh be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate sureties in the like amount to the satisfaction of the learned trial Court for his appearance before the

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Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant shall mark his presence before the registry of this Court on 26/09/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.28455/2021 stands disposed of.

List the appeal for final hearing in due course. Certified copy as per rules.

     (VIVEK RUSIA )                                              RAJENDRA KUMAR (VERMA))
       JUDGE                                                              JUDGE

  Ajit




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DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh,

KAMALASA 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241ef fad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1EE901C 09EF29, serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E

NAN 0817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.02.04 18:12:32 +05'30'