Madhya Pradesh High Court
Ditliya vs The State Of Madhya Pradesh on 28 November, 2022
Author: Vivek Rusia
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.4975/2019
(Ditliya and 03 Others Vs. State of M. P.)
-1-
Indore, dated 28/11/2022
Ms. Sharmila Sharma, learned counsel for the appellants.
Mr. Kamal Kumar Tiwari, learned Government Advocate
for the respondent / State.
Heard on IA.No.14918/2022, which is an application for
urgent hearing.
On due consideration application is allowed and stands
disposed off.
Also heard on IA.No.14859/2022, which is first application
for suspension of jail sentence filed on behalf of appellant No.1 -
Ditliya, appellant No.3 - Chiman @ Chimliya and appellant No.4
- Kaangana.
This appeal is filed against the judgment dated 11/08/2018
passed by learned II Additional Sessions Judge, Alirajpur (M.P.)
in Sessions Trial No.101/2016, whereby the learned trial Court
has convicted the appellants under Section 302/149 and 148 of
Indian Penal Code, 1860 and sentenced them to undergo Life
Imprisonment along with fine of Rs.5,000/- and One Year
rigorous imprisonment with fine of Rs.500/- respectively with
further default stipulation.
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 11/28/2022
5:25:39 PM
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.4975/2019
(Ditliya and 03 Others Vs. State of M. P.)
After arguing for some time, learned counsel for the
appellants prays for withdrawal of application for suspension of
sentence on behalf of the appellant No.1 - Ditliya and appellant
No.3 - Chiman @ Chimliya.
Accordingly, the first application for suspension of
sentence preferred on behalf of the appellant No.1 - Ditliya
and appellant No.3 - Chiman @ Chimliya stands dismissed as
withdrawn.
As per prosecution story, on 07/03/2016 five accused along
with four juvenile obstructed the way of Inder Singh and in
furtherance to the common intention, they formed an unlawful
assembly and assaulted him by means of arrow, brick and stone.
The incident took place on 07/03/2016 but FIR was lodged on
09/03/2016. After registration of FIR on the same date, the
postmortem was carried out in which death was found to be
homicidal due to cumulative effect of injury caused by the arrow.
The allegation against the appellant No.4- Kaangana is that he
has pelted stone on the deceased.
So far as appellant No.4 - Kaangana is concerned,
learned counsel for the appellant No.4 submits that appellant has
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 11/28/2022
5:25:39 PM
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.4975/2019
(Ditliya and 03 Others Vs. State of M. P.)
been falsely implicated in this case. No document in respect of
previous enmity has been filed. There is unexplained delay in
registration of FIR. The so-called eye witnesses and Investigating
Officer have not given any explanation regarding delay in
lodging FIR, which makes the entire prosecution doubtful and the
involvement of the appellant No.4 is an afterthought. He is in jail
since the date of arrest and completed six and a half years of
incarceration. This appeal is of the year 2019 and will take time
to come up for final hearing.
On the other hand, learned Govt. Advocate for respondent/
State opposes the prayer.
On the same facts and grounds, suspension application of
co-accused Suklibai has been allowed and she has been released
on bail vide order dated 07/11/2022 passed in Criminal Appeal
No.2470/2019.
Considering the facts and circumstances of the case and
also looking to the parity with co-accused Suklibai, without
commenting on the merit of the case, the application to the extent
appellant No.4 - Kaangana is concerned, is allowed. It is
directed that the jail sentence passed against the appellant No.4 -
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 11/28/2022
5:25:39 PM
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.4975/2019
(Ditliya and 03 Others Vs. State of M. P.)
Kaangana shall remain suspended during the pendency of this
appeal and he be released on bail upon depositing the fine
amount (if already not deposited) and furnishing 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 trial
Court for his appearance 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.
With the aforesaid, IA.No.14859/2022 stands disposed off.
Certified copy as per rules.
(VIVEK RUSIA) (AMAN NATH (KESHARWANI))
J U D G E J U D G E
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 11/28/2022
5:25:39 PM
