Bharat Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 15118 MP

                       HIGH COURT OF MADHYA PRADESH
                           1                                   Cr.A.No.9024/2022
                     ( Bharat Singh & Ors. Vs. State of M.P. )

Gwalior Bench:
Dated 17/11/2022
     Shri Atul Gupta, learned counsel for appellants.

      Shri BPS Chauhan, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.15837/2022 an application under Section 389 (1) of

Cr.P.C. moved on behalf of appellant No. 2-Kuldeep Singh for suspension of

his remaining jail sentence.

By the impugned judgment of sentence and order of conviction,

appellant has been convicted for offence under Section 323/149 and 307/149

(two counts) of IPC and sentenced to suffer various terms of sentences

maximum of which is five years RI with fine and default stipulations.

It is the submission of learned counsel for the appellants that trial court

erred in convicting the appellant No. 2 and awarding jail sentence. Fine

amount has already been deposited. It is further submitted that role of

appellant No. 2 as per case of prosecution initially was to inflict Lathi Blow to

Leelabai but Leelabai (PW/11) in her Court statement denied the said fact.

However, in para four of her cross-examination she admitted the fact that

appellant No. 2 inflicted Lathi blow; however, she refers the fact that other

victims Rajkumar and Roopsingh suffered at the hands of present appellant

also but those witnesses Rajkumar and Roopsingh (PW/3 and 4 respectively)

denied the said fact. Even otherwise prosecution did not explain the injuries HIGH COURT OF MADHYA PRADESH

( Bharat Singh & Ors. Vs. State of M.P. )

sustained by the accused persons and therefore, the case is hit by judgment of

Apex Court in the case of Laxmi Singh Vs. State of Bihar, AIR 1976 SC

2263 and subsequently relied in the case of Rajendra Singh and Anr. Vs.

State of Bihar, (2000) 4 SCC 298. He also referred the fact that case is of free

fight and therefore individual role of each accused is to be seen. In support of

his submissions he relied upon decisions of Apex Court in the cases of

Gajananad and Anr. Vs. State of UP, AIR 1954 SC 695, Munir Khan Vs.

State of U.P., (1970) 3 SCC 191 and Pooran Singh Vs. State of Punjab,

(1975) 4 SCC 518. Appellant No. 2 was on bail during trial and he did not

misuse the liberty and trial Court erred in not appreciating the evidence

holistically. Hearing of appeal will take time and he has a strong case on

merits. On these grounds, prayer for suspension of sentence has been made

out.

Learned counsel for the respondent/State opposed the prayer and prayed

for rejection of application.

Keeping in view the submissions advanced by the learned counsel for

the parties and looking to the facts and circumstances of the case, subject to

deposit of fine amount, it is directed that jail sentence of appellant No. 2

Kuldeep Singh shall remain suspended subject to his furnishing a personal

bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one HIGH COURT OF MADHYA PRADESH

( Bharat Singh & Ors. Vs. State of M.P. )

solvent surety of like amount to the satisfaction of the trial Court to appear

before Registry of this Court on 22/02/2023 and all other subsequent dates as

may be fixed in this regard.

I.A.No. 15837/2022 stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(Anand Pathak) Judge jps/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

PRAKASH st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7 633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB219 3780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D 8C01433EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2022.11.18 09:59:53 +05'30'