Shiv Singh @ Banbari vs The State Of Madhya Pradesh
2022 Latest Caselaw 400 MP

                                   1                                  CRA-75-2020
        The High Court Of Madhya Pradesh
                  CRA No. 75 of 2020
         (SHIV SINGH @ BANBARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 07-01-2022
      Shri D.R. Sharma, counsel for the appellant.

      Shri Kaushlendra       Singh     Tomar,   Public    Prosecutor        for   the
respondent/State.

Heard on I.A. No.7917/2020, which is the first application under Section 389(1) of Cr.P.C. filed on behalf of appellant No.1 Shiv Singh @ Banwari for suspension of sentence and grant of bail.

The appellant has been convicted for offence under Section 302 r/w Section 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.500/- and u/S. 323 r/w Section 34 of IPC (on 3 counts), sentenced to undergo one year RI with fine of Rs.250/- with default stipulation.

It is submitted by the counsel for appellant No.1-Shiv Singh @ Banbari that co-accused of this case, namely, Asha @ Usha Devi has already been granted bail by a coordinate Bench of this Court on 4.3.2020. The allegation against the present appellant is of causing hurt by means of kicks and fists only. Therefore, the case of the present appellant is identical to co-appellant

Asha @ Usha Devi. There is no overt act on the part of present appellant. It is submitted that prior to passing of impugned judgement, the appellant has already suffered one-fourth of his jail sentence and thereafter, from the date of judgment i.e. 03.12.2019, the present appellant is in custody. Therefore, it is prayed that the jail sentence of the appellant may be suspended.

Learned counsel for the State has vehemently opposed the application and submitted that the case of the present appellant is not on same footing. Rather, the jail sentence of co-accused Asha @ Usha Devi has already been suspended by this Court vide order dated 4.3.2020 considering the fact that appellant No. 4 Asha @ Usha Devi is a lady and aged around 36 years. Therefore, the case of the present appellant is not on same footing. Rather, the incident has taken place on the instigation of the present appellant.

2 CRA-75-2020 Therefore, the act of the present appellant is duly covered under Section 34 of IPC and he should be convicted under Section 302 r/w Section 34 of IPC with u/S 323 r/w Section 34 of IPC.

Considering the overt act on the part of the present appellant as well as the allegation levelled against him, this Court does not find it to be a fit case for suspension of sentence and grant of bail to the appellant at this stage.

Hence, the application is hereby rejected.

  (G.S. AHLUWALIA)                        (RAJEEV KUMAR SHRIVASTAVA)
         JUDGE                                       JUDGE

Van

               VANDANA VERMA
               2022.01.07
               17:20:56 -08'00'