Madhya Pradesh High Court
Prakash Sen vs The State Of Madhya Pradesh on 3 August, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1135 of 2023
(PRAKASH SEN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 03-08-2023
Shri Anil Khare - Senior Advocate with Shri Priyank Agrawal -
Advocate for appellants.
Shri Ritwik Parashar - Public Prosecutor for respondent/State.
Heard on I.A. No.13583 of 2023.
This is an application seeking for suspension of sentence and grant of
bail filed on behalf of accused/appellant No.1 and 2 namely; Prakash Sen and
Sonu @ Subodh, respectively.
The case of the prosecution is that on 07.09.2015, complainant and the
deceased were returning to their house from the farm. When they reached near a
Bargad tree, the accused persons stopped them. When they came on the spot,
they saw that accused No.3 and 4 namely; Pramod and Rishi were holding a
knife and accused No.1 and 2 - Prakash and Sonu were holding a lathi.
Accused No.1 and 2 held the deceased and the other two accused assaulted
deceased by knife. He sustained almost nine injuries. Thereafter, when
complainant tried to intervene, the accused No.1 and 2 - Prakash and Sonu
assaulted him with lathi. Thereafter, a case was registered against all the four
accused persons and the investigation had taken place.
On trial, they were convicted under Section 341 of the IPC and
sentenced to undergo simple imprisonment for one month and fine of Rs.500/-
each, further convicted under Section 323 of the IPC and sentenced to undergo
rigorous imprisonment for one years and fine of Rs.1,000/- each and further
convicted under Section 302 read with 34 of the IPC and sentenced to undergo
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 8/7/2023
10:28:53 AM
life imprisonment and fine of Rs.5,000/- each with default stipulations as
mentioned in the impugned judgment. Thereafter, the instant appeal was filed for
all the four accused. Hence, the instant application seeking for suspension of
sentence and grant of bail filed on behalf of accused No.1 and 2 - Prakash Sen
and Sonu.
Learned senior counsel appearing for the appellants' counsel submits that
no case is made out against these two accused persons. That admittedly even
according to the case of the prosecution, no fatal injury has been caused by
these persons. The only allegation against them is that they held the deceased
and therefore the judgment of conviction requires to be interfered with. That they
were on bail during trial. Hence, he has prayed that the accused No.1 and 2 be
released on bail by suspending the order of sentence.
The same is disputed by the learned counsel for the respondent.
On hearing learned counsels, we do not find it is a fit case where bail
could be granted. The allegation against the accused persons is of holding on to
the deceased while enabling the accused No.3 and 4 to assault. The post-
mortem report indicates that there are as many as nine injuries inflicted.
Therefore, it is a clear case where accused No.1 and 2 assisted the accused
No.3 and 4 to commit the offence. It is not a case of one or two assault being
committed without the knowledge of accused No.1 and 2. It was well within the
knowledge of accused No.1 and 2 that appellant No.3 and 4 are intending to
assault or commit a serious offense against the deceased. They waited on until
nine injuries were inflicted. Furthermore, it could be seen that the accused No.1
is the father of accused No.2 and 3 and therefore, they were all involved in the
commission of offence.
Under these circumstances, we do not find it is a fit case to grant bail to
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 8/7/2023
10:28:53 AM
the appellants No.1 and 2. Hence, I.A. No.13583 of 2023 is dismissed.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
vibha
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 8/7/2023
10:28:53 AM
