Madhya Pradesh High Court
Surendra Sen vs The State Of Madhya Pradesh on 28 April, 2023
Author: Rohit Arya
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 306 of 2018
(SURENDRA SEN Vs THE STATE OF MADHYA PRADESH)
Dated : 28-04-2023
Shri Deependra Singh Raghuvanshi - Advocate for the appellant.
Shri Kaushlendra Singh Tomar - Public Prosecutor for the State.
Heard o n I.A.No.2817 of 2023, fifth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
sole appellant - Surendra Sen.
Appellant alongwith Chandu Khan stands convicted under Sections
302/34 of IPC and 307/34 of the IPC and sentenced to undergo imprisonment
for life and 07 years with a fine of Rs.3,000/- and Rs.3,000/- respectively with
default stipulation vide judgment o f conviction and order of sentence dated
13.12.2017 passed by Additional Sessions Judge, Seondha, District Datia
(M.P.) in Sessions Trial No.92 of 2014.
As per prosecution story, the complainant Khairun Nisha (PW/1) is the
mother of Guddan (PW/2). Guddan is married to accused Chandu Khan. As
Chandu Khan used to harass Guddan and ill-treated her, Khairun Nisha (PW/1)
had brought her back from Indergarh and was going to Jhansi on a motorcycle
driven by deceased - Riyaj Khan, who is son of Khairun Nisha (PW/1). No
sooner did they reach near Bamba Culvert of Village Chhikau, Chandu
Musalman and three unknown persons came from behind and intercepted the
motorcycle. They started assaulting the complainant- Khairun Nisha (PW/1) and
her son Riyaz Khan indiscriminately causing injuries on head, face and other
parts of the body. Due to grievous injuries suffered by Riyaz Khan, he died
homicidal death. On the aforesaid allegations, an FIR was lodged. Upon
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 28-04-2023
06:33:06 PM
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completion of the investigation, challan was filed. The case was committed for
Sessions Trial. The Sessions Court upon critical evaluation of evidence placed
on record has convicted and sentenced the present appellant with Chandu Khan
as aforesaid.
Shri Raghuvanshi, learned counsel for appellant while taking exception to
the impugned judgment inter alia submits that as a matter of fact in the FIR,
three unknown persons were alleged to be involved in the said crime alongwith
Chandu Khan. However, two persons made accused, namely, Sabir Khan and
Sakir Khan, who have been acquitted. The present appellant has been roped in
only for the reason of dock identification of Guddan (PW/2), wife of Chandu
Khan. The recovery witnesses have not supported the factum of seizure. There
is no other incriminating material against the appellant to implicate him in the
said crime. Even otherwise, the appellant has so far suffered 09 years of jail
incarceration and the appeal being of 2018, there is no likelihood of early
hearing of the appeal in the near future. Hence, learned counsel for appellant
prays for suspension of sentence and grant of bail to present appellant in the
obtaining facts and circumstances.
Per contra, Shri Tomar, Pubic Prosecutor for respondent/State while
supporting the impugned judgment submits that in para 17 the complicity of the
appellant is well discussed. The dock identification alongwith corroborative
evidence are on record are sufficient for conviction and sentence. Hence, no
exception can taken to the impugned judgment in the matter of suspension of
sentence.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon the rival contentions so advanced touching merits of the
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case, but regard being had to the fact that appellant has already undergone 09
Signed by: PAWAN KUMAR
Signing time: 28-04-2023
06:33:06 PM
years of jail incarceration coupled with the fact that the appeal is of the year
2018 and there is no likelihood of early hearing of the appeal, this Court is of
the view that appellant is entitled to the benefit of suspension of sentence and
grant of bail.
Accordingly, I.A.No.2817 of 2023 stands allowed and it is directed
that the jail sentence of sole appellant- Surendra Sen shall remain suspended
during pendency of the present appeal and she shall be released on bail subject
to verification of the factum of depositing the fine amount and on his furnishing
a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with
one solvent surety in the like amount to the satisfaction of the Trial Court. She
is directed to appear before the Registry of this Court first on 03.07.2023 and
thereafter, on other subsequent dates as may be fixed in this behalf.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
pwn*
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 28-04-2023
06:33:06 PM
