Umesh Sihote Alias Tudda vs The State Of Madhya Pradesh
2022 Latest Caselaw 373 MP

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      HIGH COURT OF MADHYA PRADESH : JABALPUR
                   Criminal Appeal No.4562/2021
     (Umesh Sihote @ Tudda vs. State of Madhya Pradesh & another)

Jabalpur, dated : 07.01.2022.
      Ms. Anita Kaithwas, counsel for the appellant/applicant.
      Shri Brijendra Kushwaha, Panel Lawyer for the State.
      Shri J.L.Soni, counsel for the respondent No.2-complainant.

Heard.

Admit.

Also heard on I.A.No.14182/2021 which is the first application under Section 389 (1) CrPC for suspension of custodial sentence.

2. Applicant has been convicted and sentenced as under :

        Section              Sentence        Fine        In lieu of fine
307 IPC read with       R.I. for 10 years Rs.1000/-    R.I. for 2 month
Sec. 34 of IPC

3. Suspension is pleaded on the ground that the applicant has not been named in the Dehati Nalishi. In paragraph 43 and 44 of the cross- examination, Golu PW-1 has admitted that the applicant was known to him prior to the incident.

4. It is submitted by the counsel for the petitioner that the only allegation against the applicant is that he beat the injured by kicks and fists. Nothing has been seized from his possession. During the trial he was on bail. Now the complainant has compromised the case. The appeal would take time to be heard finally, therefore, his sentence may be suspended.

5. Learned Panel Lawyer referred to paragraph 12 and 20 of the impugned judgment and submitted that immediately after ascribing Dehati Nalishi, the complainant has named the applicant in his police statement as well as in his Court statement recorded under Section 164

CrPC. During trial also he has named him. The Court has appreciated the evidence and has found him guilty. There is convincing evidence to hold the applicant guilty. He actively participated in the incident, therefore, his sentence may not be suspended.

6. On due consideration of the statement made by the learned counsel for the applicant which is supported by the documents, compromise and no objection of the complainant and other facts and circumstances of the case coupled with the fact that the appeal will take time to be heard finally but without commenting on the merits of the case, I.A.No.14182/2021 is allowed.

7. It is directed that on deposit of entire fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with separate surety bond in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 11.04.2022 and on all subsequent dates as may be fixed by the trial Court in that regard, the appellant/applicant namely Umesh Sihote @ Tudda be released on bail and his substantive sentence under appeal shall remain suspended.

8. In the event of non-appearance of the appellant/applicant, the trial Court shall be at liberty to take coercive action against him to secure his presence under intimation to this Court.

9. Let the appeal be listed for final hearing in due course.

(VIRENDER SINGH) JUDGE anand Digitally signed by ANAND KRISHNA SEN Date: 2022.01.11 11:13:42 +05'30'