Madhya Pradesh High Court
Kutiya vs The State Of Madhya Pradesh on 13 January, 2022
Author: Vivek Rusia
-: 1 :-
CRA. No. 720/2012
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
[DIVISION BENCH: HON'BLE MR. JUSTICE VIVEK RUSIA
AND HON'BLE MR. JUSTICE RAJENDRA KUMAR (VERMA)]
CRA. No. 720/2012
(Kutiya S/o. Bhurchand V/s. State of M.P.)
Date : 13.01.2022 :
Shri Nitin Vyas, learned counsel for the appellant.
Shri Sudhanshu Vyas, learned counsel for the respondent/State.
Heard on I.A. No.22188/2021, first application u/s. 389 of the Cr.P.C.
for suspension of custodial sentence. Vide judgment dated 22.3.2012 passed
by 2nd Additional Sessions Judge (Fast Track Court), Jobat in S.T.
No.158/2010, the appellant has been convicted u/s. 302 of the IPC and
sentenced to undergo life imprisonment.
As per prosecution story, on 28.5.2010 near about at 8 pm., PW-6
Mukesh lodged the FIR in Police Station Kathhiwada that in the evening he
along with his brother and father went to attend the marriage in the house of
Premsingh. In the marriage, while dancing, his father had a dispute with the
present appellant and immediately, they all left the place. While returning to
their house, the appellant came with 'Bhala' (a sharp iron object) in his hand
and caused the fatal injury to his father due to which he fell down.
Thereafter, other accused came there and started pelting stones, due to which
he died. After appreciating the evidence came on record, learned Addl.
Sessions Judge has convicted the present appellant, as aforesaid, but
acquitted all other accused.
Learned counsel for the appellant submits that the appellant is in jail
since last more than 10 years. The dispute arose suddenly during the
marriage ceremony. There was no previous enmity or pre-meditation to
commit the offence. This is a case of single blow and at the most the offence
will not travel more than Section 304 Part I or Part II and for which, the
appellant has already undergone the sentence. There is no likelihood of early
hearing of this appeal in near future. He, therefore, prayed for grant of bail to
the appellant.
CRA. No. 720/2012
On the other hand, learned Panel Advocate appearing for the
respondent/State opposes the prayer by submitting that the dispute arose
during marriage ceremony. After the dispute, the deceased and his sons had
left the place but later on the appellant came with 'Bhala' and gave a blow
with an intention to kill him. Therefore, the appellant has rightly been
convicted u/s. 302 of the IPC and the application is liable to be rejected.
In view of the aforesaid, without commenting anything on the merits
of the case, we are of the opinion that the appellant deserves to be released
on bail.
Accordingly, the application (I.A. No.22188/2021) is allowed and it is
directed that upon furnishing personal bond in the sum of Rs.40,000/-
(Rupees Forty Thousand) with one solvent surety in the like amount to the
satisfaction of the trial Court for his appearance before the Registry of this
Court, the execution of custodial part of the sentence shall remain suspended
till the final disposal of this appeal. The appellant after being released on
bail shall mark his presence before the Registry of this Court on 20.09.2022
and on all such subsequent dates, as may be fixed in this behalf by the
Registry during the pendency of this appeal.
Before releasing the appellant from the custody, the Jail Authorities
are directed to medically examine him in order to rule out the possibility of
COVID-19 infection and shall comply with the direction given by the Apex
Court in Writ Petition No.01/2020.
List the appeal for final hearing in due course.
[ VIVEK RUSIA ] [RAJENDRA KUMAR (VERMA)]
JUDGE. JUDGE.
Alok/-
ALOK
Digitally signed by ALOK GARGAV
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE,
ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh,
2.5.4.20=eae18b7018e4245a54c74948bb27999d7e05252686406
5b20b27a5804a3e1fea,
GARGAV
pseudonym=7CDEDE27CC58A5C0E24DE6046DC50DE017D631F
3,
serialNumber=9995A79B765CF420033A1CBAAFF5461F718D618
BA2FDCA70E412F27FFE6E8CB0, cn=ALOK GARGAV
Date: 2022.01.17 14:29:32 +05'30'
