Madhya Pradesh High Court
Santram Keer vs The State Of Madhya Pradesh on 10 May, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 225 of 2022
(SANTRAM KEER AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 10-05-2022
Shri Uma Shankar Tiwari, learned counsel for the appellants.
Shri Manhar Dixit, learned Panel Lawyer for the respondent/State.
Learned counsel for the appellants seeks permission to withdraw
I.A.No.5992/2022, an application for grant of temporary bail as wife of
appellant no.5 has already delivered a child due to which I.A.No.5992/2022 has
become infructuous.
I.A.No.5992/2022 is accordingly dismissed as having become
infructuous.
Heard on I.A.No.250/2022, an application under Section 389(1) of the
Cr.P.C. for suspension of sentence and grant of bail pending the appeal.
T h e appellant no.1 has been convicted for commission of offence
punishable under Sections 147 and 307 r/w 149(four counts) of IPC and has
been sentenced to undergo RI for 6 months and RI for 5 years and fine of
Rs.500 and Rs.250/- respectively, with default stipulations and appellants nos. 2
to 6 have been convicted for commission of offence punishable under Sections
148 and 307 r/w 149 of IPC and have been sentenced to undergo RI for 1 year
and R.I. for 5 years with fine of Rs.500 and Rs.250/ each with default
stipulations by IIIrd ASJ Itarsi District-Hoshangabad vide judgment dated
23.12.2021 passed in S.T.No.100139/2012 (State of M. P Vs. Santram and
others).
Learned counsel for the appellants has submitted that appellants are from
one family and they are in jail since 23.12.2021 and prior to that they were in jail
for around 4 months. Learned counsel for the appellants has taken me through
the evidence of doctors and other witnesses and has submitted that the injuries
found on the persons of injured were not dangerous to life. Only one lacerated
wound was found on the person of Kamal Singh Chauhan and one on the
person of Digvijay Singh and in X-ray report no fracture was found in these
injuries. Learned counsel further submitted that the evidence of prosecution
witnesses is full of omissions and contradictions and the appellants have fair
chances to succeed in appeal. They shall abide by all the conditions
whatsoever imposed by this Court. Therefore, it has been prayed that the
appellants be released on bail by suspending the execution of jail sentence
pending the appeal.
On the other hand, learned Panel Lawyer has opposed the application for
grant of bail to appellants pending the appeal.
I have gone through impugned judgement and the findings recorded by
learned trial Court. I have also gone through the evidence of prosecution
witnesses and other material on record. Having taken into consideration the
period of incarceration already undergone by the appellants and the fact that
there is no possibility of hearing of this appeal in near future, I am inclined to
suspend the remaining jail sentence of the appellants.
Consequently, I.A.No.250/2022 is allowed. The execution of jail
sentence of appellants- Santram Keer, Gulab Keer, Jagdish Keer,
Jitendra Keer, Tikya @ Vinod and Ramkumar Keer is hereby suspended
subject to depositing of the fine amount, (if not already deposited). It is
directed that appellants be released on bail on their furnishing a personal bond
to a sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent
surety in the like amount each to the satisfaction of the trial court with a further
direction to appear before the trial Court on 29.09.2022 and also on such
other dates, as may be fixed by that Court in this regard during the pendency of
this appeal.
List this appeal for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
b
Digitally signed
by BIJU BABY
Date: 2022.05.11
15:18:14 +05'30'
