Madhya Pradesh High Court
Tetia vs The State Of Madhya Pradesh on 31 October, 2022
Author: Vivek Rusia
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CRA No. 9930/2019
HIGH COURT OF MADHYA PRADESH: BENCH INDORE
BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
RUSIA & HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
CRA No. 9930 of 2019
(Tetia S/o. Jahu & others. V/s. State of M.P.)
Date: 31.10.2022 :
Shri Sanjay Sharma, learned counsel for the appellants.
Shri Bhaskar Agrawal, Govt. Advocate, learned Govt. Advocate
for respondent/State.
Heard on I.A. No.10218/2022, first application under Section
389(1) of the Code of Criminal Procedure, 1973 for suspension of jail
sentence and grant of bail filed on behalf of appellant No.1 - Tetia and
appellant No.3 - Munna.
At the outset, learned counsel for the appellants does not press
the application on behalf of appellant No.1 - Tetia.
Prayer allowed. I.A. No.10218/2022 so far as it relates to
appellant No.1 - Tetia stands dismissed as not pressed.
Vide judgment dated 22.10.2019 passed by 6th Addl. Sessions
Judge, Petlawad, District Jhabua in S.T. No.03/2013 the appellants
stands convicted and sentenced as under :
Offence U/s. Sentence. Fine (Rs.) In lieu of payment
of Fine amount.
302/149 of IPC. Life Imprisonment. 5000/- 1 year RI.
147 of the IPC. 1 years RI 1000/- 3 month RI
148 of the IPC. 1 years RI 1000/- 3 month RI
149 of the IPC. 1 years RI - -
As per prosecution story on 08.07.2012, complainant Bahadur
lodged a report that at about 9.15 am, he was sitting outside his house
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CRA No. 9930/2019
along with his brother Akram, mother, sister and wife, at that time
Tetia, Munna, Shaitan, Jamsingh, Valchand came there and started
abusing Tetia with filthy language and when Dhanna objected it, all of
them with common intention have started assaulting Dhanna. Tetia
gave sword blow on the head of deceased and thereafter all the
accused who were carrying Sword, Dharia and Stick started
assaulting. Thereafter they fled away from the spot. Thereafter the
other persons who were present on the spot tried to save the assailants
were also assaulted by the accused persons. Accordingly FIR at crime
no.135/2012 has been registered for the offence punishable under
Sections 302, 307, 323, 294, 147, 148, 149 of Indian Penal Code,
1860. All the accused persons were put to trial after framing of
charges against them and except Jamsingh, all remained in Jail and
have completed nine years of jail sentence.
Learned counsel for the appellant - Munna submits that this
appellant has falsely been implicated in this case and he has fair
chances of success in this appeal. The appellant Munna has already
completed more than 10 years' incarceration and this appeal is of the
year 2019 and is not likely to come up for final hearing in near future.
He, therefore, prayed for grant of suspension and release him on bail.
On the other hand, learned Govt. Advocate opposes the
application and prays for rejection of the same.
Considering the aforesaid facts and circumstances of the case,
without commenting anything on the merits of the case, in the
considered opinion of this Court, the jail sentence of appellant No.3 -
Munna deserves to be suspended.
Accordingly, I.A. No.10218/2022 so far as it relates to appellant
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No.3 - Munna is allowed and it is directed that subject to deposit of
fine amount, if already not deposited, with the trial Court and on
furnishing personal bond by the appellant No.3 - Munna S/o. Jahu in
the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety
in the like amount to the satisfaction of learned trial Court for his
appearance before the Registry of this Court on 15.12.2024 and on all
such subsequent dates, which are fixed in this behalf, during pendency
of this appeal.
List for final hearing in due course.
C.C. as per rules.
[ VIVEK RUSIA ] [AMAR NATH (KESHARWANI)]
JUDGE. JUDGE.
Alok/-
Digitally signed by ALOK GARGAV
Date: 2022.10.31 18:03:54 +05'30'
