Madhya Pradesh High Court
Devisingh vs The State Of Madhya Pradesh on 20 April, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 707 of 2016
(DEVISINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 20-04-2023
Shri Manish Yadav, learned counsel for the appellant no.1.
Shri Santosh Kumar Meena, learned counsel for the appellant no.2.
Shri Bhuwan Gautam, learned Govt. Advocate for the
respondent/State.
Heard on I.A. No.12092/2022, which is repeat third application for
suspension of sentence and grant of bail filed under section 389(1) of the
Cr.P.C. on behalf of appellant-Devi Singh.
First application of the appellant-Devi Singh was dismissed on merits
vide order dated 31.10.2017 and thereafter, second application was dismissed
as withdrawn vide order dated 25.11.2019.
Also, heard on I.A. No.10593/2022, which is second repeat application
for suspension of sentence and grant of bail filed under section 389(1) of the
Cr.P.C. on behalf of appellant-Govind Singh.
First application of the appellant-Govind Singh was temporary allowed
vide order dated 13.02.2023.
The trial Court has convicted the appellants vide judgment of conviction
and order of sentence dated 03.05.2016 passed by Second Additional Sessions
Judge, Shajapur in Sessions Trial No.301/2015 as under:-
Conviction Imprisonment in
Imprisonment Fine
Section/Act lieu of fine
302 of the IPC R.I. for Life Rs. 5,000/- 1 year R.I.
323/149 of the IPC 1 year R.I. Rs. 5,000/- 1 year R.I.
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 21-04-2023
17:24:06
147 of the IPC 1 year R.I. Rs. 5,000/- 1 year R.I.
148 of the IPC 1 year R.I. Rs. 5,000/- 1 year R.I.
As per prosecution case, on 26.10.2015 present appellants and co-
accused persons Mukesh, Sevaram and Dinesh made unlawful assembly. Co-
accused Mukesh was armed with iron rod and other co-accused persons and
present appellants were armed with lathi. All of them assaulted the deceased
Bhim Singh on his stomach and other parts of the body. Due to the injuries the
deceased had died.
Learned counsel for the appellants submit that the appellants have not
committed any offence. They have falsely been implicated in the case. The
incident was occurred due to sudden quarrel between the parties therefore,
offence comes under section 304 of the IPC. The appellants are in custody
more than 7 years and 9 months. Final hearing of this appeal is not possible in
near future therefore, it is prayed that the remaining jail sentence of the
appellants may be suspended and appellants may be released on bail.
Learned Govt. Advocate for the respondent/State has opposed the
prayer of the appellants but has not disputed the custody period of the
appellants.
We have heard learned counsel for both the parties and perused the
record.
It is not disputed that the appellants are in custody since 29.09.2015
coupled with the fact that the final hearing of this appeal is not possible in near
future therefore, considering the evidence available on record against the
appellants, without expressing any opinion on merits of the case, the application
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 21-04-2023
17:24:06
I.A.No.12092/2022 & I.A. No.10593/2022 is allowed and jail sentence of the
appellants shall remain suspended.
It is directed that subject to depositing the fine amount, if already not
deposited, appellant- Devi Singh and appellant- Govind Singh shall be
released on bail, on furnishing personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) each along with separate sureties in the like
amount to the satisfaction of trial Court, for their appearance before the
Registry of this Court firstly on 17.07.2023, and on such other dates, as may
be fixed by the Registry in this regard, till final disposal of this appeal.
List for final hearing in due course.
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
ajit
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 21-04-2023
17:24:06
