Madhya Pradesh High Court
Munnalal And 2 Ors. vs The State Of Madhya Pradesh on 12 September, 2022
Author: Vivek Rusia
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 12th of September, 2022
CRIMINAL APPEAL No.401/2013
(MUNNALAL AND 2 OTHERS Vs. STATE OF MADHYA PRADESH)
Shri C.L.Yadav, learned senior counsel along with Shri Shyam
Singh Thakur, learned counsel for the appellant.
Shri Bhaskar Agrawal, learned Govt. Advocate for the
respondent/State.
The appellants have been convicted and sentenced vide judgment
dated 07/03/2013 in Session Trial No.284/2010 passed by Additional
Sessions Judge,Bagli District Dewas as below:-
Conviction Sentence
Section Act Imprisonment Fine deposited details Imprisonment in
lieu of Fine
302/149 IPC Life imprisonment Rs.50,000/- 5-5 years R.I
148 IPC 3 years R.I Rs.3,000/- 6-6 months R.I
323/149 IPC 1 year R.I Rs.1,000/- 1-1 months S.I
Heard on I.A.No.10022/2022 which is fourth application for
suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf
of appellant no.1 Munnalal and appellant no.2 Juwan Singh.
The first application for suspension of sentence filed on behalf of
appellant no.1 and 2 was dismissed as withdrawn vide order dated
28.10.2013, the second application was dismissed on 29.06.2015 and the
third application for temporary suspension filed on behalf of appellant
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no.1 was allowed on 12.04.2022.
Learned counsel for the appellants submits that appellant no.1 and
appellant no.2 have completed more than 10 years 2 months and 22 days of
their jail sentence. The appeal is of 2013 and there is no possibility of an
early hearing of the appeal in near future. In these circumstances, learned
counsel prays for suspension of jail sentence of appellant No.1 and Appellant
No.2.
Learned Govt. Advocate for the respondent/State opposes the prayer
for suspension of jail sentence of appellant.
Heard both side and perused the documents available on record.
As per statement of Guddu @ Gudiya (PW-3) and Sheru (PW-7) the
fatal injury on head of the deceased was caused by appellant no.1 Munnalal
by way of axe. So far as appellant no.2 Juwan Singh is concerned, he said to
have caused injuries to the deceased on the non-vital parts of the body. The
injury which was caused by the appellant no.1 Munnalal to deceased has also
been corroborated by Pramod Rajput (PW-12). As doctor's opinion also head
injury is deep and the brain part is exposed and the injury caused by appellant
no.2 Juwan Singh is simple in nature.
In view of the above, we are of the opinion that it is not a fit case to
grant the benefit of suspension of jail sentence to appellant no.1 Munnalal
and accordingly, I.A.No.10022/2022 stands rejected with regard to
appellant no.1 Munnalal.
So far as the injury caused to the deceased by appellant no.2 Juwan
Singh is concerned, it is simple in nature and the fact there is no likelihood
of final hearing of this criminal appeal in near future, without commenting
on the merits of the case, the application for suspension of
sentence I.A. No.10022/2022 with regard to appellant no.2 Juwan
Singh is allowed. Accordingly, Execution of jail sentence of the
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appellant- no.2 Juwan Singh is hereby suspended and it is ordered that
the appellant no.2 be released on bail on his furnishing a personal bond for
a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in
the like amount to the satisfaction of the learned trial Court for his
appearance before the Court, the execution of custodial part of the
sentence shall remain suspended, till the final disposal of this appeal.
The appellant- no.2 Juwan Singh shall mark his presence before
the Registry of this Court on 15.12.2022 and on all such subsequent and
on all such subsequent dates, which are fixed in this regard by the
Registry.
Accordingly, I.A.No.10022/2022 stand disposed of.
(VIVEK RUSIA ) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
das
Digitally signed
by REENA
PARTHO SARKAR
Date: 2022.09.13
16:32:29 +05'30'
