Ashish Singh @ Pramod Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8055 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2268 of 2022 (SUPRIT SINGH Vs. THE STATE OF MADHYA PRADESH)

CRA No. 2307 of 2022 (SHIVAM PANDEY Vs. THE STATE OF MADHYA PRADESH)

CRA No. 2618 of 2022 (ASHWANI CHOUBEY Vs. THE STATE OF MADHYA PRADESH)

CRA No. 2835 of 2022 (ANUBHAV SINGH Vs. THE STATE OF MADHYA PRADESH)

CRA No. 2885 of 2022 (PAWAN SINGH Vs. THE STATE OF MADHYA PRADESH)

CRA No. 2910 of 2022 (GAURAV SINGH Vs. THE STATE OF MADHYA PRADESH)

CRA No. 2268 of 2022 (ASHISH SINGH @ PRAMOD SINGH Vs. THE STATE OF MADHYA PRADESH)

Dated : 20-06-2022 Shri Manish Datt, learned Senior Advocate with Shri Nishankpal Verma, learned counsel for appellant in CRA No. 2268/2022.

Shri M.K. Pandey, learned counsel for the appellant in CRA No. 2307/2022.

Shri Prakash Upadhyay, learned counsel for the appellant in CRA No. 2618/2022.

Shri Arunodaya Singh, learned counsel for the appellant in CRA No. 2835/2022.

Shri D.S. Dubey, learned counsel for the appellant in CRA No. 2885/2022.

Shri Sankalp Kochar, learned counsel for the appellant in CRA No. 2910/2022.

Shri Rajroop Patel, learned counsel for the appellant in CRA No. 3182/2022.

Heard on I.A. No. 4617/2022, I.A. No. 4133/2022, I.A. No. 8257/2022, I.A. No. 4133/2022, I.A. No. 5157/2022, I.A. No. 5287/2022,

I.A. No. 5348/2022 and I.A. No. 5867/2022, applications under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants pending the appeal.

Appellants stand convicted and sentenced by learned Additional

Sessions Judge, Sirmour, District Rewa (M.P.) in S.T. No. 6 of 2019 for

commission of offences which reads as under:

Conviction         Sentence

Section            Imprisonment            Fine       Imprisonment in lieu of
                                                      fine.

Supreet Singh (CRA No. 2268/2022)

452 of IPC         R.I. for 2 years        Rs.500/-   15 days

148 of IPC         R.I. for 1 year         Rs.500/-   15 days

307/149 of IPC     R.I. for 10 years       Rs.20,000/- 1 month

323/149 of IPC     R.I. for 6 months Rs.500/-         15 days

324/149 IPC        R.I. for 1 year         Rs.500/-   R.I. for one year

325/149 of IPC     R.I. for 2 years        Rs.500/-   15 days

Shivam Pandey (CRA No. 2307/2022)

452 of IPC         R.I. for 2 years        Rs.500/-   15 days

148 of IPC         R.I. for 1 year         Rs.500/-   15 days

307/149 of IPC     R.I. for 10 years       Rs.20,000/- 1 month

323/149 of IPC     R.I. for 6 months Rs.500/-         15 days

324/149 IPC        R.I. for 1 year         Rs.500/-   R.I. for one year




325/149 of IPC   R.I. for 2 years        Rs.500/-   15 days

Ashwini Choubey CRA No. 2618 of 2022

452 of IPC       R.I. for 2 years        Rs.500/-   15 days

148 of IPC       R.I. for 1 year         Rs.500/-   15 days

307/149 of IPC   R.I. for 10 years       Rs.20,000/- 1 month

323/149 of IPC   R.I. for 6 months Rs.500/-         15 days

324/149 IPC      R.I. for 1 year         Rs.500/-   R.I. for one year

325/149 of IPC   R.I. for 2 years        Rs.500/-   15 days

Anubhav Singh (CRA No. 2835 of 2022)

452 of IPC       R.I. for 2 years        Rs.500/-   15 days

148 of IPC       R.I. for 1 year         Rs.500/-   15 days

307/149 of IPC   R.I. for 10 years       Rs.20,000/- 1 month

323/149 of IPC   R.I. for 6 months Rs.500/-         15 days

324/149 IPC      R.I. for 1 year         Rs.500/-   R.I. for one year

325/149 of IPC   R.I. for 2 years        Rs.500/-   15 days

Pawan Singh (CRA No. 2885/2022)

452 of IPC       R.I. for 2 years        Rs.500/-   15 days

148 of IPC       R.I. for 1 year         Rs.500/-   15 days

307 of IPC       R.I. for 10 years       Rs.20,000/- 1 month

323/149 of IPC   R.I. for 6 months Rs.500/-         15 days

324/149 IPC      R.I. for 1 year         Rs.500/-   15 days




325/149 of IPC     R.I. for 2 years        Rs.500/-    15 days

25(1B)B of Arms R.I. for one year          Rs.1000/-   15 days
Act

Gaurav Singh (CRA No. 2910/2022)

452 of IPC         R.I. for 2 years        Rs.500/-    15 days

148 of IPC         R.I. for 1 year         Rs.500/-    15 days

307/149 of IPC     R.I. for 10 years       Rs.20,000/- 1 month

323/149 of IPC     R.I. for 6 months Rs.500/-          15 days

324/149 IPC        R.I. for 1 year         Rs.500/-    R.I. for one year

325/149 of IPC     R.I. for 1 year         Rs.500/-    15 days

Ashish Singh (CRA No. 2268/2022

452 of IPC         R.I. for 2 years        Rs.500/-    15 days

148 of IPC         R.I. for 1 year         Rs.500/-    15 days

307/149 of IPC     R.I. for 10 years       Rs.20,000/- 1 month

323/149 of IPC     R.I. for 6 months Rs.500/-          15 days

324/149 IPC        R.I. for 1 year         Rs.500/-    R.I. for one year

325/149 of IPC     R.I. for 2 years        Rs.500/-    15 days

(All the sentences were directed to be tun concurrently)

Learned counsel for appellants have submitted that prosecution has

not been successful to prove its case beyond reasonable doubt before

learned trial Court. The learned trial Court without appreciating the

evidence of prosecution witnesses have convicted the appellants/accused

for commission of offences. Learned counsel for appellants pointing out

the evidence of injured Yogendra Bahadur Singh (PW-4), Aman Tiwari

(PW-8) and Gaurav Tiwari (PW-10) have submitted that Aman Tiwari

(PW-8) has not supported the prosecution story. He was declared hostile.

Amit Sharma (PW-9) has also not supported the prosecution story and has

stated that he and Aman Tiwari (PW-9) had sustained injuries in road

accident. Gaurav Tiwari (PW-10) has also not supported the prosecution

story. Rohit Dwivedi (PW-11) has named only Pawan and Surpreet. He

has not supported the commission of offence by the other appellants. The

evidence of Kiran Singh (PW-2) and her husband Yogendra Bahadur

Singh (PW-4) is selective in nature. Evidence of Mohit Singh (PW-6) is

also suspicious as he has submitted that he knew only Ashish. Learned

counsel further submitted that in a case where injured themselves have

not supported the prosecution story in toto but even then holding

appellants guilty of offence shows that learned trial Court has not

properly appreciated the evidence of prosecution witnesses in right

perspective. Appellants have fair chances to succeed in appeal.

Appellant Pawan Singh has already suffered more than two years

imprisonment in jail. Gaurav Singh almost 16 to 17 months in jail and

Ashish Singh @ Pramod Singh has also underwent for more than 12

months in jail and other appellants are also in jail for the last four months.

The disposal of the appeal will take considerable time, therefore, it has

been prayed that they be released on bail pending the trial by suspending

the execution of their jail sentence.

On the other hand, learned Government Advocate has opposed the

suspension of execution of jail sentence of the appellant and grant of bail,

pending the appeal.

I have gone through the impugned judgment dated 26.02.2022

passed by learned Additional Sessions Judge, Sirmour District Rewa and

the evidence of injured Aman Singh (PW-8), Amit Sharma (PW-

9),Gaurav Tiwari (PW-10), Rohit Dwivedi (PW-11), Kiran Singh (PW-

2), Yogendra Bahadur Singh (PW-4) and Mohit Singh (PW-6) recorded

before trial Court. Without expressing any opinion on the merits of the

case, having taken into consideration the evidence of aforesaid

prosecution witnesses in entirety and other material available on record, I

am of the view that it is a case in which appellants/accused may be

released on bail by suspending execution of jail sentence till disposal of

these appeals as in near future hearing of these appeals is not possible.

Consequently, I.A. No. 4617/2022, I.A. No. 4133/2022, I.A. No.

8257/2022, I.A. No. 4133/2022, I.A. No. 5157/2022, I.A. No. 5287/2022,

I.A. No. 5348/2022 and I.A. No. 5867/2022 are allowed. The execution

of jail sentence of appellants- Supreet Singh, Shivam Pandey, Ashwini

Choubey, Anubhav Singh, Pawan Singh, Gaurav Singh and Ashish

Singh @ Pramod Singh is hereby suspended subject to depositing the

fine amounts, (if not already deposited). It is directed that the appellants

be released on bail on their furnishing a personal bond to a sum of

Rs.1,00,000/- (Rupees One Lakh only) each with one solvent surety

each of the like amount to the satisfaction of the trial Court with a further

direction to appear before the trial Court on 28.10.2022 and also on such

other dates, as may be fixed by that Court in this regard during the

pendency of this appeal.

List the case for final hearing in due course as per listing policy.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE AMITABH

AMITABH Digitally signed by AMITABH RANJAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=9a22104d0465a4dd4bb416a59f702b292c9acc3c5b ee38eeec9289e859ae9dcd,

RANJAN pseudonym=9F81B9232F93D8BE6FD8B4BF4317A51C3CEFE 719, serialNumber=3B3F864D95AD38F1841085486B3199D5AD7 13A17685240784662B0C9BAE6269C, cn=AMITABH RANJAN Date: 2022.06.24 16:44:33 +05'30'