Pahalwan Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8767 MP

                                      1


            THE HIGH COURT OF MADHYA PRADESH
                            CRA No.528 of 2016
                     (Pahalwan Singh and another Vs. State of M.P.)

Gwalior, Dated : 01.07.2022

      Shri R.K. Sharma, learned Senior Advocate with Shri B.K.

Agarwal, learned counsel for the appellants.

      Ms.   Anjali    Gyanani,    learned    Public     Prosecutor    for   the

respondent/State.

Heard on I.A. No.16045/2020, an application under Section 389(1)

of the Cr.P.C., seeking suspension of sentence and grant of bail filed on

behalf of the appellant No.3 namely Ramveer.

The present appellant No.3 has been convicted by judgment dated

11/05/2016 passed by First Additional Sessions Judge, Dabra, District

Gwalior in ST No.587/2013 as under:-

Under Section                Imprisonment        Fine
302/34 of IPC                Life Imprisonment Rs.1,000/-         with
                                               default stipulation.

Learned counsel for appellant No.3 submits that incident took

place on 15.10.2013. During trial appellant No.3 has suffered five

months of incarceration and he is undergoing jail incarceration from the

date of judgment i.e. 11.05.2016. In the case of co-accused namely

Pahalwan Singh, this Court has already suspended the sentence on

04.05.2018.

As per prosecution story, on 15.10.2013 at about 10:30 pm,

complainant namely Kaptan Singh was standing in front of his house. He

heard heated exchanges and altercations took place between communities

of Baghel's and Parihar's on one side and Jatav's on other side in the

locality. The complainant in good faith has reached to the spot and tried

to score of the dispute and fight between the two sides. It is alleged that

appellants namely Pahalwan Singh, Manoj, Ramveer (present appellant)

and Pratap Singh abused the complainant and hurled filthy abuses and

extorted to finish him as he always intervened as and when dispute

erupted between the two communities. It is alleged that thereafter due to

Axe blow on the left side of the head of complainant, he suffered blood

injuries on his head. Thereafter, remaining persons started beating him

with Lathi which caused internal injuries on the head and other parts of

the body of complainant. He was hospitalized on the same day and

thereafter, had undergone treatment. He stated to have passed away on

01.11.2013. Though, initially the case was registered under Sections 341,

324, 294, 506-B/34 of IPC, but later on, Sections 302 and 307 were

added. Investigation is complete. Charges have been framed and

appellants have been convicted and sentenced for the offence as referred

above.

Shri Rakesh Kumar Sharma, learned Senior Advocate for the

appellant No.3 while taking exception to the impugned judgment

contended that impugned judgment suffers from patent perversity and

based on surmises and conjectures. The related evidence has been

ignored as extraneous consideration has prevailed upon the trial Judge

while convicting the appellants.

It is submitted that there is no specific injuries alleged to have been

caused by any of the appellants except Pahalwan. Doctor who treated the

deceased during hospitalization, has not been examined, therefore, the

reason of death of the complainant is not known. Appellant No.3 has

already suffered jail incarceration from 11.05.2016 which is more than 6

and 1/2 years. Appellant No.3 has no criminal record. In the case of co-

accused Pahalwan Singh, jail sentence has already been suspended.

Appeal is of the year 2016. There is no likelihood of early hearing of the

appeal. During trial appellant No.3 was on bail and has not misused the

liberty so granted. Final disposal of the appeal is likely to take time. Fine

amount has already been deposited. On these grounds, learned counsel

prays that execution of the jail sentence of appellant No.3 may be

suspended and he may be enlarged on bail.

Per contra, learned Public Prosecutor while objecting the

submissions advanced contends that the injuries suffered by the deceased

are well explained in the MLC. The doctor examined the deceased and

description of injuries finds place in para 6 of the judgment where the

cause of death is two lacerated wounds on the left side of the head of the

deceased caused by hard and blunt object. As such, the evidences

adduced are well corroborated with the allegation of hitting the deceased

on the left side of head by Lathi by the accused persons. However, she

fairly submits that doctor treated the deceased during hospitalization and

appellant No.3 has no criminal antecedents.

Upon hearing counsel for the parties, though this court refrains

from commenting upon rival contentions touching merits of the matter

but looking to the fact that appeal is of year 2016 and appellant No.3 has

already suffered 6 and 1/2 years of incarceration, this Court is of the view

that the application deserves to be allowed. It is, accordingly, directed

that execution order of jail sentences of appellant No.3 Ramveer shall

remain suspended during pendency of this appeal and he shall be

enlarged on bail subject to furnishing personal bond in the sum of

Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) with one

solvent surety in the like amount to the satisfaction of the Trial Court and

also subject to deposit of the fine amount (if not already deposited) for

his appearance before the Registry of this Court on 04/08/2022, and on

further dates as may be directed by the Registry in that regard.

Accordingly, the I.A.No.16045/2020 stands allowed and disposed

of.

Certified copy as per rules.

List for final hearing in due course.

                              (Rohit Arya)                            (G.S.Ahluwalia)
                                Judge                                     Judge

           Rashid

RASHID KHAN
2022.07.02 13:42:10 +05'30'
11.0.8