Madhya Pradesh High Court
Pannalal vs The State Of Madhya Pradesh on 2 May, 2022
Author: Rohit Arya
1
The High Court of Madhya Pradesh
Cr.A.No.6155/2021
(Pannalal & Ors.Vs. State of M.P.)
Gwalior dated 2.5.2022
Shri Anand Gupta, learned counsel for appellants.
Shri Navla Gupta, learned Public Prosecutor for
respondent/State.
Per Justice Deepak Kumar Agarwal:
IA.No.6713/22, 1st application u/Sec. 389 of Cr.P.C. for
suspension of sentence and grant of bail filed on behalf of appellant
No.2-Rambharosa, IA 6709/22, 2nd bail application u/Sec. 389 of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of
appellant No.6-Latoor and IA 6392/22, 1st bail application u/Sec. 389
of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of
appellant No.1-Panna Lal.
Prosecution case in brief is that on 24.10.2012 in the night of
10.40 pm complainant Keval lodged a report at police Station,
Kumbhraj, Distt. Guna, against appellant Ramdayal and seven others to
the effect that in the night at 8 pm co-accused Ramvilas was passing
through the road in a drunken state and on the way he collided with his
father Gappulal, due to which Ramvilas assaulted with Lathi on his
head, as a result of which he fell down. At that juncture, Rambharosa,
Mangilal, Latur, Pappu, Ramdayal, Veerma and Pannalal having Lathi
in their hands with common object came there and started abusing him,
his father and his brother with filthy language. Thereafter Pappu
assaulted with Farsi on right hand of complainant due to which blood
started oozing out, appellant Ramdayal assaulted with Lathi on the
The High Court of Madhya Pradesh
Cr.A.No.6155/2021
forehead of complainant, Pannalal assaulted with Lathi on elbow of left
hand. When his brother Jalam came to save him, then Rambarosa,
Mangilal, Latur and Veeram committed Marpeet with him. On his
report, crime No.269/2012 was registered at police Station, Kumbhraj,
Distt. Guna, for the offence punishable under Sections 147, 148, 149,
323, 294, 506 of IPC. During treatment, father of the complainant
Gappulal died. Hence, offence under Section 302 of IPC was added. As
per postmortem report, deceased died due to head injury. After
investigation, charge-sheet has been filed. After trial appellant-
Ramdayal has been convicted under Section 148, 302/149, 325/149 (on
two counts) and 323/149 of IPC and sentenced to undergo 1 year RI
with fine of Rs.300/-, life imprisonment with fine of Rs.2,000/-, two
years RI with fine of Rs.500/- on both the counts and six months RI
with fine of Rs.200/- respectively.
It is submitted by learned counsel for the appellant that during
trial appellant No.6-Latoor remained in custody for a period from
18.11.12 to 4.1.13, appellant No.2-Rambharosa remained in custody for
a period from 30.10.12 to 30.03.13, appellant No.1-Panna lal remained
in custody for a period from 31.10.12 to 4.1.13 and thereafter from the
date of judgment i.e. 5.10.2021 they are in custody. Fatal injury to
deceased Gappulal was inflicted by Ramvilas due to which he fell
down and became unconscious. As per the learned counsel, Ramvilas is
the main accused in the case. Appellant has a good case on merits.
The High Court of Madhya Pradesh
Cr.A.No.6155/2021
Final hearing of the appeal will take time. On such premises, learned
counsel for the appellant prayed for bail.
Learned counsel for the State opposed the application and prayed
for its rejection.
Looking to the facts and circumstances of the case, but without
commenting anything on the merits of the case, IA.No.6713/22, IA
6709/22 and IA 6392/22 are allowed and it is directed that jail
sentence of appellant No.2-Rambharosa, appellant No.6-Latoor and
appellant No.1- Pannalal will remain under suspension subject to
verification that the amount of fine has been deposited, on appellant's
furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only)
each with one solvent surety of the like amount to the satisfaction of
concerned Trial Court for their appearance before the Principal
Registrar of this Court on 29th August, 2022 and thereafter on such
further dates as may be fixed by the office of this Court in this regard
till disposal of the appeal.
C.c. as per rules.
(Rohit Arya) (Deepak Kumar Agarwal)
Judge Judge
ojha
YOGENDR
A OJHA
2022.05.0
2 20:08:17
+05'30'
