Prince Soni vs The State Of Madhya Pradesh
2022 Latest Caselaw 3238 MP

                  HIGH COURT OF MADHYA PRADESH
                     1
                                              Cr.A.No.2351/2021
                                     Prince Soni Vs. State of M.P.

Gwalior Bench Dated 08.03.2022

      Shri Arun Kumar Pateriya, learned counsel for the appellant.

      Shri Vijay Sundaram, learned PL for the respondent/State.

Heard on I.A.No.24818/2021, an application under Section 389

of Cr.P.C. for suspension of jail sentence and grant of bail on behalf of

appellant -Prince Soni.

This criminal appeal assails the judgment dated 01-03-2021

passed in Special Trial No.258/2012 by Additional Sessions Judge,

Datia whereby appellant -Prince Soni has been convicted as under:

    Section               Imprisonment                     Fine
302/149 of IPC        Life Imprisonment          Rs.5,000/-with default
                                                 stipulation.
148 of IPC                   1 year              Rs.500/-with     default
                                                 stipulation.

It is the submission of learned counsel for appellant that the trial

Court erred in convicting and awarding jail sentence to appellant.

Allegation against the appellant is not of wielding firearm and causing

gunshot injury, it is confined only to holding hand of the deceased

while Govinda Kachhi wielded firearm and caused gunshot injury,

therefore, deceased Balveer Singh immediately succumbed to such

gunshot injury. He referred order dated 03-09-2012 passed by the

Coordinate Bench in the case of co-accused Vinod and seeks parity.

Thus, prayed for grant of bail.

Learned counsel for the State opposed the prayer and submitted HIGH COURT OF MADHYA PRADESH

Cr.A.No.2351/2021 Prince Soni Vs. State of M.P.

that appellant bears criminal record of 8-10 cases and he remained

under absconsion for almost 10 years and after 10 years he

participated in trial, therefore, judgment dated 01-03-2021 has been

passed in which he was convicted whereas judgment of co-accused

was passed on 22-11-2011. Therefore, appellant lacks equity. He

prayed for dismissal of application.

Heard.

From the submissions advanced by learned counsel for the

parties and record it appear that appellant did not participate in trial

along with other co-accused and after 10 years he participated in trial

and therefore, judgment of appellant has been delayed by more than

10 years, therefore, he looses all equity because of his conduct. Even

otherwise he bears criminal record and the allegations prima facie

constitute offence against the appellant. Appellant was member of

unlawful assembly and his role is prima facie reflected, therefore, no

case for suspension of sentence and grant of bail is made out at this

stage.

Accordingly, application for suspension of sentence

(I.A.No.24818/2021) stands rejected.

                 (Anand Pathak)                        (Satish Kumar Sharma)
                     Judge                                      Judge
Anil*

            ANIL KUMAR
            CHAURASIYA
            2022.03.10
            00:48:19
            -08'00'