Dharmendra Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 13604 MP

                                    1

      IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR

                     CRA No. 6319 of 2019
           (Dharmendra Sharma & Others Vs. State of M.P.)


Gwalior, Dated:14.10.2022
Per Justice Deepak Kumar Agarwal,J

      Shri D.R. Sharma, learned counsel for appellants No.3 Arun

Sharma, appellant No.5 Shivkumar Sharma, appellant No.6 Mithun

Sharma and appellant No.7 Rishu Sharma.

      Shri Amit Lahoti, learned counsel for appellant No.10 Anil

Kushwah.

      Shri Pawan Singh Raghuvanshi, learned Public Prosecutor

for the respondent State.

Heard on IA No.14946 of 2022, first application

under Section 389(1) ofCr.P.C. for suspension of sentence and

grant of bail filed on behalf of appellant No.3 Arun Sharma,

appellant No.5 Shivkumar Sharma, appellant No.6 Mithun Sharma

and appellant No.7 Rishu Sharma and I.A.No.15322 of 2022,

second application under Section 389(1) for suspension of

sentence and grant of bail filed on behalf of appellant No.10 Anil

Kushwah. First application application of appellant No.10 Anil

Kushwah was dismissed as withdrawn on 08.04.2022.

In brief, prosecution case is that 30.09.2017 at 7.00 pm

complainant Brijkumar lodged a dehati nalishi with police

station Myana, District Guna against present appellants- accused,

13 named & 10 unnamed persons at District Hospital Guna,

alleging therein that his father was sitting at his house at 3.00 pm

and talking with his relative Gopal. At that time, appellants along

with aforesaid accused and 10 unknown persons due to previous

enmity dated 25.9.17 with common intention entered the house and

started abusing him and thereafter committed ''marpeet'' with his

father. When mother Raj Bai and sister Sabita Bai came to

intervene there, they also committed ''marpeet'' with them. 100

number was dialed thereafter. The father of complainant was

brought to hospital. During treatment, he died due to aforesaid

injury. Dehati nalishi under Sections 147, 148, 149, 294, 302,

452 of IPC and Section 3(2)(v) of S.C.S.T. was recorded and

thereafter, offence was registered. Dead body panchnama was

prepared. Postmortem was conducted. The appellants accused

along with co-convicted accused was arrested. After completion of

due investigation, charge sheet was filed.

After conclusion of trial, the appellants along with other co-

convicted accused has been convicted by Special Judge (S.C.S.T.

Act), District Guna vide judgment dated 01.06.2019 in SPL Case

No.160/2017 for offence under Sections 459, 147, 323/149 (three

counts) and 302/149 of IPC r/w Section 3(2) (v) of S.C.S.T. Act

and sentenced to undergo LI with fine of Rs.1000/-, one year RI

with fine of Rs.1,000/-, one year RI with fine of Rs.1,000/- and LI

with fine Rs.5000/- with default stipulations.

It is submitted by counsel for the appellants that during trial

the appellants was on bail and they have not misused the liberty

granted to them. Fine amount has already been deposited. The

appellants remained in custody for one year and seven months

and nearabout 25 days, they have already suffered near about

five years of jail incarceration. The appeal is of the year 2019

and final outcome of appeal will take some time. It is further

contended that execution of jail sentence of coconvicted accused

Anurag Sharma and Pintu alias Praveen Sharma have already been

suspended by this Court vide order dated 02-09-2022 passed in

CRA No.6319 of 2019 and order dated 16.09.2022 of Cr.A.

5342/2019. Therefore, prayed for suspension of sentence of present

appellants.

Per contra, the learned counsel for the State opposed the

application and prayed for its rejection.

Considering the aforesaid facts and circumstances of the

case coupled with the fact that the execution of jail sentence of co-

convicted accused Anurag Sharma ad Pintu Alias Praveen Sharma

have already been suspended by this Court vide order dated 02-09-

2022 passed in CRA No.6319 of 2019 and order dated 16.09.2022

of Cr.A. 5342/2019, the present appellants have suffered more

than five years of jail incarceration and there is no possibility of

early hearing of appeal in near future, but without expressing any

opinion on the merits of the case, it is directed that jail sentence of

appellants No.3 Arun Sharma and appellant No.5 Shivkumar,

appellant No.6 Mithun Sharma, appellant No.7 Rishu Sharma

and appelant No.10 Anil Kushwah shall remain suspended and

they be released on bail subject to depositing the amount of fine (if

not already deposited) and on furnishing a personal bond in the

sum of Rs.50,000/-(Rupees fifty thousand only) each

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

of the trial Court. The appellants are directed to appear before the

Registrar of this Court first on 4th January, 2023 and on other

subsequent dates as may be fixed by the Office in this regard.

IA No. 14946/2022 and I.A.No.15322/2022 stand allowed

and disposed of.

CC as per rules.

                   (Rohit Arya)                             (Deepak Kumar Agarwal)
                     Judge                                            Judge


            mani


SUBASRI MANI
2022.10.14
18:32:30 -07'00'