Hakkulal Aanjana vs The State Of Madhya Pradesh
2022 Latest Caselaw 7419 MP

                                                         1                                   CRA No.1202/2022



            High Court of Madhya Pradesh, Jabalpur
                        Bench at Indore
            Criminal Appeal No.1202/2022
Indore, Dated 19.05.2022
       Shri Ashish Gupta, learned counsel for appellant No.1
Hakkulal Aanjana S/o Nandlal Aanjana.
       Shri Kamal Kumar Tiwari, learned Government Advocate for
the respondent / State of Madhya Pradesh.

Heard on IA No.6654/2022, 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.1.

The present appellant has been convicted and sentenced by learned 5th Additional Sessions Judge, Mandsaur, District Mandsaur (MP) in Sessions Trial No.14/2013 vide judgment dated 20 th January, 2022, as under: -

                 Conviction                                  Sentence
     Section           Act        RI          Fine            Imprisonment in lieu of fine
                                             amount
      341              IPC    1 month SI    Rs.250/-                     7 days SI
      427              IPC    2 months RI   Rs.500/-                    15 days RI
      148              IPC     1 year RI    Rs.500/-                    1 month RI
   323 r/w 149         IPC    6 months RI   Rs.500/-                    1 month RI
   302 r/w 149         IPC       Life       Rs.5,000/-                  3 months RI

Learned counsel for the appellant has submitted that appellant No.1 is aged around 75 years, as at the time of incident in the year 2012, he was 68 years old.

Counsel has submitted that so far as the present appellant

No.1 is concerned, he had also suffered various injuries in the incident regarding which a cross case was not registered by the Police. However, it is admitted by PW-18 S.S. Nagar, Investigating Officer of the case, in paras 9 and 10 of his deposition, that as per the roz-namcha entry, appellant No.1 was also admitted in the Hospital.

Counsel has also drawn the attention of this Court to the deposition of PW-1 Narayan Singh, who in para 6 of his deposition, has admitted that the well, on which the incident took place, is not situated within the agricultural land of the complainant party.

Thus, it is submitted that as the dispute is going on between the parties, there was a free fight between them, leading to death of Jawaharlal S/o Nandlal, who died on account of head injury caused by stone pelting, which is also apparent from the deposition of PW- 9 Dr. Bhagat Singh Bhati. Thus, it is submitted that the appellant who is lodged in jail since 20.01.2022 and has already spent eight months incarceration during the course of trial, the sentence imposed on him may be suspended and he be released on bail.

Learned counsel for the respondent / State of Madhya Pradesh, on the other hand, has opposed the prayer.

Having considered the rival submissions and on perusal of the record including the deposition of the prosecutions witnesses, as aforesaid, this Court finds force with the contentions raised by the counsel for the appellant. In view of the same, the application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.6654/2022 is allowed, subject to depositing the fine amount, if any, and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his / her regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his / her presence before the concerned trial Court on 11.08.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

It is also observed that if the appellant (s) is found in any of the criminal activities, after his release on bail / suspension of sentence, then the present bail / suspension order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

Pending interlocutory application for urgent hearing & during vacation, if any, shall stand disposed of.

                               (Subodh Abhyankar)                                  (Anil Verma)
                                 Vacation Judge                                   Vacation Judge
 rcp




RAMESH CHANDRA PITHWE
2022.05.20 16:21:11 +05'30'