Hakke Vanshkar vs The State Of M.P.
2022 Latest Caselaw 12177 MP

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 3967 of 2022
                                             (HAKKE VANSHKAR AND OTHERS Vs THE STATE OF M.P.)

                          Dated : 13-09-2022
                                Mr. R.S. Patel, Advocate for the appellant.

                                Mr. A.S. Baghel, Government Advocate for the respondent/State.

Heard on I.A. No.13518/2022, which is the first application filed on behalf of the appellants No.2- Munnalal Vanshkar and appellant No.3. Halke Vanshkar for suspension of sentence and grant of bail.

T he appellant have been convicted by the trial Court vide impugned

judgment dated 09.03.2022 passed in S.T. 41/2021 by Additional Sessions Judge, Pipariya, District Hoshangabad under Section 302 and 302/34 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 2,000/-, with default stipulation.

Learned counsel for the appellants by taking this Court to the prosecution story urged that on 20.05.2017 the incident had taken place wherein there was a quarrel between the deceased, his wife Draupadi and the main accused Hakke (not Halke). During that quarrel, the main accused Hakke allegedly assaulted the deceased Asharam on two places of his head by means of 'Gandasa'.

Thereafter the present appellants reached to the scene of crime and they allegedly used their body parts to assault the deceased. The postmortem report shows that the reason of death is head injury caused by deadly weapon. The appellants who allegedly used their fists and kicks were not responsible for the death. The story also shows that the necessary ingredients for attracting offence under Section 34 of IPC were absent. The appellant were on bail during trial and disposal of this appeal will take considerable time, therefore, the jail Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 9/14/2022 5:41:54 PM

sentence of the appellant may be suspended and he may be released on bail.

Learned Govt. Advocate for the State has vehemently opposed the application on the strength of written objections.

We have heard the learned counsel for the parties at length and perused the record.

Considering the over all facts and circumstances of the case and the limited role allegedly played by these appellants coupled with the fact that they were on bail during trial and they did not use any deadly weapon on the vital part of the body of the deceased, without commenting on merits of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellants No.2- Munnalal Vanshkar and appelant No.3. Halke Vanshkar shall remain suspended and they shall be released on bail for securing his presence before the trial Court Pipariya, District- Hoshangabad on 20.12.2022 and on such other dates as may be fixed in this regard.

I.A. No.13518/2022 is allowed.

List for final hearing in due course.

                            (SUJOY PAUL)                                  (PRAKASH CHANDRA GUPTA)
                               JUDGE                                               JUDGE

                          DevS




Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 9/14/2022
5:41:54 PM