Ajeet Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 7543 MP

                                       01

       IN THE HIGH COURT OF MADHYA PRADESH
                               AT GWALIOR
                          CRA No. 3379 of 2022
       (AJEET SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)




Gwalior Dated:30/05/2022
      Shri Brajesh Kumar Tyagi, learned counsel for the appellant.

      Shri Vijay Sundaram, learned Panel Lawyer, for the

respondent/State.

Shri Atul Gupta, learned counsel for the complainant.

Heard on I.A.No.7280/22, first application under Section

389 of Cr.P.C. filed by appellant- No.6 Laxman Singh for

suspension of sentence and grant of bail.

Vide judgment dated 26.03.2022 passed by Second

Additional Sessions Judge, Joura, District Morena (M.P.) in

S.T.No.83/2011by which the appellant has been convicted and

sentenced as under:

     Section        Sentence            Fine       In         default
                                                   stipulation
     148 IPC        Six Months' R.I.    Rs.1,000/- 2 Months' R.I.
     302/149 IPC L.I.                   Rs.3,000/- Six Months' R.I.
                                        each

As per prosecution case, on 03.11.2010 at 12:30 p.m., the

appellant/accused Laxman Singh alongwith Ajit Singh, Yogesh,

Chhunna Singh, Shishupal, Neetu, Badam Singh, Jandel Singh,

Bhagwat Singh and Manoj due to previous enmity came near

bungalow of Karan Singh at village Tiktoli and they are having

lathi Katta and Gun. Main accused Manoj Singh fired on

Shivkumar on his chest due to which he fell down. Thereafter,

accused Yogesh and Chhunna fired on Shivkumar and they

thought that Shivkumar is no more and they ran away from the

spot. On the same day, Virendra Singh lodged a report at P.S.

Sumaoli District Morena (M.P.) under Section 147, 148, 149, 294

and 341 of IPC registered at crime No.130/2010. Deceased

Shivkumar was sent for medical examination and during treatment,

he died. Thereafter, Section 302 of IPC has been enhanced. As per

post mortem report, one gunshot exist wound and entry wound was

found and Shivkumar died due to this gunshot injury.

Learned counsel for the appellant submitted that the only

allegations against the appellant is that he assaulted the deceased

only with lathi. It is further submitted that during trial, the

appellant/accused was granted anticipatory bail. The

appellant/accused Laxman Singh is more than 75 years old and he

is suffering from various diseases, therefore, on the medical

grounds and looking to age of appellant, he prays for suspension of

sentence.

Per contra, learned Panel Lawyer for the State has opposed

the application and submitted that there is specific allegation

against the present appellant. Hence, no case for grant of

suspension of jail sentence is made-out.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the

case, without commenting anything on merits of the case,

I.A.No.7280/22 is allowed. Subject to verification of fine amount

amount deposited by the appellant and on furnishing a personal

bond in the sum of Rs.50,000/- (Rupees Fifty thousand only)

with one solvent surety in the like amount to the satisfaction of the

concerned trial Court, the remaining jail sentence of the appellant

shall remain suspended and they shall be released on bail.

The appellant shall firstly appear before the Registry of this

Court on 14.09.2022 and thereafter on all other subsequent date as

may be fixed by the Registry in this regard, till disposal of this

appeal.

C.C. as per rules.

                        (Deepak Kumar Agarwal)              (Dwarka Dhish Bansal)
                                V. Judge                          V. Judge

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                    VIPIN KUMAR
                    AGRAHARI
                    2022.05.31
 VALSALA
 VASUDEVAN
 2018.10.26
 15:14:29 -07'00'
                    11:27:44
                    +05'30'