Madhya Pradesh High Court
Abhimanyu vs The State Of Madhya Pradesh on 4 July, 2022
Author: Vivek Rusia
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CRA No. 982/2019
HIGH COURT OF MADHYA PRADESH: BENCH INDORE
BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
RUSIA & HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
CRA No. 982 of 2019
(Abhimanyu & others. V/s. State of M.P.)
Date: 04.07.2022 :
Shri Vivek Singh, learned counsel for the appellants.
Shri Mukesh Kumawat, learned Govt. Advocate for
respondent/State.
Shri Tausif Warsi, learned counsel for the complainant/objector.
Heard on I.A. No.958/2022, first application u/s. 389(1) of the
Cr.P.C. for suspension of the jail sentence on behalf of the appellant
No.3 - Pawan.
The appellant No.3 stands convicted and sentenced vide
judgment dated 17.1.2019 passed by learned Addl. Sessions Judge,
Sarangpur, District Rajgaerh (Biaora) in S.T. No.250/2017 as under :
U/s. Sentence Fine Amount Sentence in lieu
of default of
payment of fine.
302 of the IPC. Life 3,000/- One year
Imprisonment. additional RI.
323 of the IPC. 6 months' ri 500/- One month
additional RI.
As per prosecution story, on the date of incident Shahbaj had
laughed on the dance of a horse and Deval started abusing him by
filthy language. Thereafter, Shahbaj ran away and went to his house.
Deval and present appellant Pawan followed him armed with 'Fersi'
and stick. Abhimanyu and Kalla also joined Deval and Pawan.
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CRA No. 982/2019
Deceased Shamsher came there to intervene and resolve the dispute.
All the accused started abusing him. Deval gave a blow by means of
'Fersi' on his head and appellant Pawan gave a blow by means of stick
on the private part of the deceased. The deceased was taken to the
hospital.
Initially, the FIR was registered u/s. 307, 294, 323, 506/34 of
the IPC. The deceased died on 26.3.2017 while taking treatment in
M.Y. Hospital, Indore. Accordingly, offence u/s. 302 of the IPC was
also added. After evaluating the evidence came on record, the
appellant and other accused persons have been convicted and
sentenced, as stated above.
Learned counsel for the appellant - Pawan submits that the
allegation against the present appellant is that he assaulted the
deceased by means of deceased on his private part. Although bleeding
was found but as per opinion of Dr. Sandeep Jatwa (P.W.10), Medical
Officer, Civil Hospital, Sarangpur, no injury was found on the private
part of the deceased and there is no corroboration by medical
evidence. The deceased died due to the injury caused on his head by
other accused. The appellant is in jail since last more than 5 years and
the appeal is of the year 2019 and its final hearing in near future is not
possible. He, therefore, prayed for grant of suspension and released of
the appellant - Pawan from the custody.
On the other hand, learned Govt. Advocate as well as learned
counsel appearing for the complainant/objector, oppose the prayer and
prays for rejection of the application.
In view of the aforesaid facts and circumstances of the case, we
find it is to be a fit case to suspend the custodial sentence of the
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CRA No. 982/2019
appellant No.3 - Pawan.
Accordingly, I.A. No.958/2022 is allowed and it is directed that
subject to deposit of fine amount, if already not deposited, with the
trial Court and on furnishing personal bond by the appellant No.3 -
Pawan in the sum of Rs.40,000/- (Forty Thousand only) with one
solvent surety in the like amount to the satisfaction of learned trial
Court for his appearance before the Registry of this Court, the
execution of custodial part of the sentence of the appellant shall
remain suspended till final disposal of this appeal.
The appellant No.3 - Pawan after being enlarged on bail shall
mark their presence before the Registry of this Court on 21.12.2022
and on all such subsequent dates, which are fixed in this behalf.
C.C. as per rules.
[ VIVEK RUSIA ] [AMAR NATH (KESHARWANI)]
JUDGE. JUDGE.
Alok/-
Digitally signed by ALOK GARGAV
Date: 2022.07.05 17:19:16 +05'30'
