Madhya Pradesh High Court
Pinkesh Sher vs The State Of Madhya Pradesh on 15 June, 2022
Author: Vivek Rusia
- : 1 :-
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1160/2022
(PINKESH SHER AND TARUN SHER Vs THE STATE OF MADHYA PRADESH)
&
CRA No.962/2022
(RISHI LALAWAT Vs. THE STATE OF MADHYA PRADESH)
Dated : 15-06-2022
Shri Ashish Tiwari, learned counsel for the appellant no.1-Pinkesh
Sher and appellant no.2 Tarun Sher in CRA.No.1160/2022.
Shri Virendra Sharma, learned counsel for appellant Rishi Lalawat
in CRA.No.962/2022.
Shri Mukesh Kumawat, learned Govt.Advocate for the
respondent/State.
Heard.
Admit.
Also heard on I.A. Nos.1682/2022 (in CRA.No.1160/2022) and
1386/2022 (in CRA.No.962/2022) which are first application for
suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf
of appellant no.1 Pinkesh Sher and appellant no.2 Tarun Sher and
appellant- Rishi Lalwat respectively.
All the three appellants have been convicted and sentenced vide
judgment dated 21/01/2022 in Session Trial No.02/2019 passed by Ninth
Additional Sessions Judge,Ujjain District Ujjain as below:-
Conviction Sentence
Section Act Imprisonment Fine deposited Imprisonment
details in lieu of Fine
302/34 IPC Life imprisonment Rs.1000/- 6 months R.I
- : 2 :-
As per prosecution story, deceased Chetan was sitting in a garden of
Sarthak Nagar on 30.09.2018 at 11.00 PM. These three appellants went
there and started abusing him. After demanding some money, when he
refused, they dragged Chetan (deceased) and assaulted him by means of
fists, legs and stones. Thereafter they left the spot. The deceased was
taken to the hospital but he refused to take treatment. No FIR was lodged.
On the next day, he fell down in the house and was taken to the hospital
where he was declared dead. Accordingly, an FIR was registered against
all these appellants under Sections 302/34, 294 of IPC. They were tried
under the aforesaid offence. The prosecution examined as many as 18
witnesses. After evaluating the evidence came on record, they have been
convicted and sentenced vide judgment dated 21/01/2022 in Session Trial
No.02/2019 passed by Ninth Additional Sessions Judge,Ujjain District
Ujjain.
Learned counsels for the appellants submits that the deceased was
carrying a knife and he started assaulting these appellants along with four
other accused persons for which the appellant no.2 Tarun Sher lodged an
FIR on 01.10.2018 at 1.00 AM at police station Neelganga, District Ujjain
which was registered at Crime No.641/2018 for the offence punishable
under Sections 323,324,294, 506/34 IPC (Exhibit D-4). Therefore, it was a
case of free fight. There was no intention to kill. The deceased would have
survived, if he had taken treatment at the hospital on the same day. All the
three appellants are in jail since more than four years. The appeals are of
2022 and there is no likelihood of final hearing in near future of these
appeal. Offence will not travel more than Section 304 Part II of IPC. Even
the right of defence was also liable to be considered. The hearing of these
appeals would likely to take long time, hence, prayed for suspension of
sentence and release all the three appellants on bail.
- : 3 :-
Learned Govt. Advocate for the respondent/State opposes the prayer
for suspension of sentence.
Considering the facts and circumstances of the case, the period of
custody and that there is no likelihood of final hearing of these criminal
appeals in near future, without commenting on the merits of the case the
application for suspension of sentence I.A. No.1682/2022 and
I.A.No.1386/2022 is allowed. Execution of jail sentence of the appellant
no.1 Pinkesh Sher, appellant no.2 Tarun Sher and appellant Rishi
Lalawat is hereby suspended and it is ordered that the appellant no.1
Pinkesh Sher, appellant no.2 Tarun Sher and Rishi Lalawat be
released on bail on their furnishing a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent
surety each in the like amount to the satisfaction of the learned trial Court
for their appearance before the Court, the execution of custodial part of the
sentence shall remain suspended, till the final disposal of these appeals.
The appellant no.1 Pinkesh Sher, appellant no.2 Tarun Sher and
Rishi Lalawat shall mark their presence before the registry of this Court
on 21/11/2022 and on all such subsequent dates, which are fixed in this
regard by the Registry.
I.A. No.5752/2022 an application for urgent hearing also stands
disposed of.
List these matters for final hearing.
Certified copy as per rules.
(VIVEK RUSIA ) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
das
Digitally signed by
REENA PARTHO SARKAR
Date: 2022.06.16
13:02:28 +05'30'
