Gokulsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3080 MP

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HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
  (DIVISION BENCH : HON. Mr. JUSTICE VIVEK RUSIA &
             HON. Mr. JUSTICE PRANAY VERMA )
                Criminal Appeal No. 7770 of 2018
          (Gokul Singh and others V/s. The State of M.P.)
Date: 04.03.2022 :
     Shri Nilesh Dave, learned counsel for the appellant no.3 &
4.
     Ms. Vinita Phaye, learned Govt. Advocate for the
respondent/State.

Heard on I.A. No.2735/2022, which is first application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant No.3- Dharasingh and appellant no.4-Arvindsingh.

The present appellants along with other accused persons have convicted for the offences punishable under Sections 147 of the Indian Penal Code r/w Section 3(2)(VA) of the Schedule Castes & Schedule Tribe (Prevention of Atrocities) Act, Section 304 (part - II) r/w 149 of the Indian Penal Code and Section 3(2) (V) of Schedule Caste & Schedule Tribe (Prevention of Atrocities) Act and sentenced to undergo 2 years' rigorous imprisonment along with fine of Rs.1,000/-, 10 years' rigorous imprisonment along with fine of Rs.2,000/- and Life Imprisonment along with fine of Rs.2,000/- respectively. With default clause to further undergo 6 months' rigorous imprisonment under each sections.

As per prosecution story mentioned in para - 5 of the impugned judgment, on 03.07.2014 at about 2:00 pm, when Dariyav Bai went to the government tube well to take water, accused - Arvind Singh assaulted her by means of stick. When the son of Dariyav Bai, Mukesh came to save her accused - Dhara Singh assaulted him by means of wood. Thereafter, husband of Dariyav Bai, Mohanlal also came there then other accused

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persons namely Gokul Singh, Narayan Singh, Kishore Prem Singh and present appellant came there with stick and assaulted Mohanlal. Accused - Dilip and Gokul assaulted by means of fists and kicks. Mohanlal suffered injuries on head, shoulder, back and stomach. The injured were taken to the hospital and during treatment, Mohanlal died. Thereafter, all the accused persons have been arrested.

All the appellant have been convicted for the offences punishable under Section 304 part - II r/w section 149 of the Indian Penal Code and sentenced to undergo 3 years' rigorous imprisonment but for the offences under Section 3(2)(V) of the Schedule Caste & Schedule Tribe (Prevention of Atrocities) Act, they have been sentenced to undergo Life Imprisonment. Looking to the injuries sustained by Mohanlal (deceased) as per the doctor's opinion and MLC, offence would not travel more than Section 325 of the IPC as the stick is not a deadly weapon, therefore, not liable to be convicted under Section 3(2)(V) for Life Imprisonment. There is no likelihood of final hearing of this appeal in near future. There is no cross appeal by the State challenging the conviction under Section 304 part - II in place of 302 of the IPC. Hence, jail sentence of this appellant may be suspended.

Learned Panel Lawyer for the respondent / State as well as counsel for the complainant opposed the application and supported the impugned judgment.

Looking to the period of custody, the nature of role played by the present appellants, we deem it proper to suspend the remaining jail sentence of the appellants. Accordingly, I.A. No.2735/2022 stands allowed.

The execution of remaining jail sentence of appellant No.3 Dharasingh and appellant no.4 Arvindsingh is hereby suspended

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and it is ordered that the appellants be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with separate sureties of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 12.09.2022 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Certified copy, as per rules.

            ( VIVEK RUSIA )                                             (PRANAY VERMA)
                 JUDGE                                                       JUDGE
   Ajit/-

AJIT
            Digitally signed by AJIT KAMALASANAN

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001,

KAMALASA st=Madhya Pradesh, 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba24 1effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1EE9 01C09EF29,

NAN serialNumber=7F0BEE2D78BD57DA058F3247441C87E 7E0817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.03.04 17:16:29 +05'30'