Madhya Pradesh High Court
Ramshankar Alias Gullan vs The State Of Madhya Pradesh on 11 April, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3405 of 2017
(RAMSHANKAR ALIAS GULLAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 11-04-2023
Shri Manish Kumar Tiwari - Advocate for the appellant no.2-Vinod @
Motiram Yadav.
Shri Ajay Shukla - Government Advocate for the respondent/State of
M.P.
There is nobody to press IA No.2775 of 23 for suspension of remaining
jail sentence.
Accordingly, IA No.2775 of 23 is dismissed for want of prosecution.
Heard on I.A No. 15325 of 2022 an application under Section 389 (1)
of the Cr.P.C for suspension of remaining jail sentence and grant of bail filed on
behalf of appellant no.2-Vinod @ Motiram Yadav arising out of judgment dated
18/08/2017 delivered in S.T. No.182/2015 by Additional Sessions Judge,
Hoshangabad.
The appellant no. 2 has been convicted and sentenced under Section 148
of IPC to undergo RI for six months and fine of Rs.2000/-, under Section
302/149 of IPC to undergo RI for Life and fine of Rs.10,000/- and under
Section 324/149 of IPC to undergo RI for six months and fine of Rs.2000/-
with default stipulation under the aforesaid Sections.
As per prosecution story on 9.11.2014 the complainant Sunderlal lodged
a report in the Police Station Kotwali, district Hoshangabad that on 8.11.2014
at around 5 PM, his elder brother Gautam Yadav kept 'Pyal' in the godown
behind his house. It was opposed by the accused persons. A quarrel took place
in which Gautam Yadav was assaulted by the accused persons and he
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 4/12/2023
1:10:41 PM
succumbed to the injuries.
Learned counsel for the appellant no. 2 submits that the FIR/Deghati
Nalishi was lodged after fourteen hours of the incident. The appellant no. 2 has
been falsely arraigned. This Court was kind enough in granting benefit of
suspension of remaining jail sentence to senior citizen and women accused
persons. By placing reliance on order of the Supreme Court in 2022 SCC
Online SC 697 (Saudan Singh Vs. State of Utter Pradesh), learned
counsel for the appellant no.2 submits that the final hearing of this appeal is not
possible in near future, remaining jail sentence of appellant no. 2 may be
suspended.
The prayer is opposed by learned Government Counsel by contending
that the mother of the appellant no. 2 and deceased namely Saviya Bai (PW-9)
entered the witness box and categorically deposed against the appellant no. 2.
She is an eye witness and in absence of any enmity between the mother and the
present appellant, her statement cannot be marginalized. Mother, Saviya Bai
(PW-9) is also an injured witness and therefore her statement carries more
weight. In addition, an axe was recovered from the possession of appellant no.2
and as per FSL report human blood was found on the said weapon. Thus, he
opposed the prayer for suspension of remaining jail sentence.
We have heard learned counsel for the parties at length and perused the
record.
Considering the nature and gravity of the incident, we are not inclined to
suspend the remaining jail sentence of the appellant no. 2. However, liberty is
reserved to the appellant no. 2 to prefer an application for early hearing of this
appeal in the month of July 2023. The said application, if so filed, will be
Signature Not Verified
considered in accordance with with.
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 4/12/2023
1:10:41 PM
I.A No. 15325 of 2022 for suspension of remaining jail sentence and
grant of bail filed on behalf of appellant no.2-Vinod @ Motiram Yadav is
dismissed.
(SUJOY PAUL) (SMT. ANJULI PALO)
JUDGE JUDGE
bks
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 4/12/2023
1:10:41 PM
