Golu vs The State Of Madhya Pradesh
2022 Latest Caselaw 14237 MP

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The High Court of Madhya Pradesh, Bench at Indore
 Division Bench: Hon'ble Shri Justice Vivek Rusia &
   Hon'ble Shri Justice Amar Nath (Kesharwani)

                          CRA NO.5437/2017
                      Golu s/o Ramesh Bheel
                                 vs.
                            State of M.P
03.11.2022: (INDORE):
       Ms.Mayuri Jain, learned counel for the appellant.
       Shri Bhaskar Agrawal, learned Govt. Advocate for the
respondent/State.

Heard on I.A.No.11410/2022, which is a second repeat application for suspension of sentence filed under section 389(1) of the Cr.P.C on behalf of the sole appellant Golu s/o Ramesh Bheel.

This appeal is filed against the judgment dated 02.11.2017 passed by A.S.J, Manavar, district Dhar in Sessions Trial No.356/2015 whereby the appellant has been convicted and sentenced as under:

         Conviction                          Sentence
  Section           Act       Imprisonment       Imprisonment in
                                              default of fine amount
      302           IPC           Life      Six months additional
                              Imprisonment          R.I
                               with fine of
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                                Rs.5000/-

As per prosecution story on 15.08.2015 at about 09.35 A.M complainant Kailash (PW1) lodged a report before the police station Manawar that on 14.08.2015 at around 08.00 p.m, he was standing outside his house in village Singhana, at that time, accused persons Golu s/o Ramesh, Rahul s/o Ramesh, and their companion were in the house of Ganju s/o Jagdish R/o village Sighana, Chhatri Mohalla. Complainant's cousin Mohan(deceased) came and questioned the accused Golu of eve- teasing his daughter Roshni. Accused Golu threatened Mohan and all accused persons started abusing deceased. Thereafter, accused Golu inflicted injury on Mohan's head and accused Rahul inflicted injury over Mohan's left eye using sticks. During the fight, Dinesh and Roshni (daughter of deceased) came to intervene in the matter, then accused Rahul, Golu, Ganju managed to escape from the spot. Due to lack of resources, complainant took the injured to hospital next morning and thereafter went to police station for complaint. Thereafter, police registered crime against the accused persons. Meanwhile, injured Mohan died during treatment at the hospital on 15.08.2015. Thereafter police enhanced the sections and arrested the present appellant.

After filing charge sheet learned trial Court charged the accused/appellant under section 302 of the IPC. The

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accused/appellant denied the charges and pleaded for trial. The trial Court after evaluating the evidence on record convicted the appellant for the aforementioned offence. Hence, this appeal and application for suspension of sentence of the appellant before this Court.

Learned counsel for the appellant submits that the first suspension application was dismissed as withdrawn on 09.08.2019. The appellant was in custody since the date of his arrest and now he has completed more than 7 years of jail sentence. The incident occurred suddenly due to grave provocation arising out of the fight between the appellant and the deceased and there was no pre-meditation or intention to commit the murder of the deceased. The death of the deceased occurred due to negligence as he was taken to the hospital after more than 12 hours after the incident. The trial Court has wrongly convicted and sentenced the appellant under section 302 of the IPC whereas the offence of the appellant would not travel beyond under section 304 Part-II of the IPC. This appeal is of the year 2017 and there is no likelihood of coming this appeal for final hearing in near future, hence prays for suspension of sentence and release of the appellant on bail.

Learned Govt. Advocate opposes the prayer and prays for rejection of the application.

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Looking to the facts and circumstances of the case and the cause of incident it reveals that the incident occurred all of a sudden and the deceased sustained single blow caused by the appellant which turned fatal. Considering the facts and circumstances of the case, the arguments advanced by the counsel for the parties and going through the evidence available on record, without commenting on the merit of the case, the application is allowed. It is directed that the jail sentence passed against appellant shall remain suspended during the pendency of this appeal and he be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) to appear before the Registry of this Court on 03.04.2023 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

C.c as per rules.

      (VIVEK RUSIA)                    (AMAR NATH (KESHARWANI))
            JUDGE                                   JUDGE

           Digitally signed by HARI
hk/        KUMAR C G NAIR
           Date: 2022.11.05 16:22:29
           +05'30'