Deewan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13006 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                             CRA No. 5364 of 2018
             (DEEWAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 10-08-2023
      Shri R.V.S.Ghuraiya, learned counsel for the appellants.

      Shri Koshlendra Bhadouriya, learned Public Prosecutor for the
respondent/State.

Heard on I.A.No.12687/2023, second repeat application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.2-Bhagwat. His first application (IA No. 19806/2022) was

dismissed as withdrawn vide order dated 06.02.2023 with liberty to revive the prayer after three months.

Appellant No.2-Bhagwat along with other co-accused stood convicted under Section 148 of IPC and sentenced to suffer two years' R.I., under Section 302/149 of IPC and sentenced to suffer life imprisonment with fine of Rs.5,000/-, under Section 326/149 of IPC and sentenced to suffer 7 years' R.I. with fine of Rs.2,000/- and under Section 506 (Part-II) of IPC and sentenced to suffer one year's R.I. with default stipulations vide judgment of conviction and order of sentence dated 5/5/2018 passed by Second Additional Sessions Judge,

Guna, District Guna (M.P.) in Sessions Trial No.182/2013.

Appellant No.2-Bhagwat is stated to have so far suffered jail incarceration of 12 years 11 months 3 days as per report of Jail Superintendent, Central Jail, Gwalior dated 02.08.2023.

A s per prosecution story, when deceased Samrathsingh, father of the complainant Sundarlal Gurjar, objected to the movement of cattle of accused Gajrajsingh causing destruction of standing crop of his field, Gajraj Singh had

retaliated and hurled filthy abuses. Thereafter, Gajrajsingh, Banwari Gurjar, Haricharan Gurjar, Bhagwat Gurjar (present appellant) alleged to be armed with Pharsa started hitting Samrathsingh, the deceased. Present appellant is alleged to have caused head injuries to the deceased, who started bleeding profusely and thereafter died. Accordingly, case has been registered.

Shri R.V.S.Ghuraiya, learned counsel for the appellants submits that the complainant Sundarlal in Dehati Nalishi had alleged that deceased Samrathsingh was assaulted by means of pharsa and lathis by Bhagwat, Gajraj Singh, Haricharan Gurjar and Diwansingh and one Dhanna assaulted him with pharsa causing injuries on his feet. After he had fallen down, Narayan Gurjar, Lalu,

Hema and Dhanna had assaulted the deceased by means of Kulhadi and pharsa. However, in the final report, the name of Dhanna, Narayan Singh, Lalu and Hema had been deleted as is discussed in para 24 of the impugned judgment. It is further submitted by learned counsel for appellants that other co- accused persons, namely, Harcharan, Diwan and Banwari, have already been extended benefit of suspension of jail sentence vide orders dated 02.03.2022, 25.07.2022 and 12.09.2022, respectively. The appeal is of the year 2018 and there is no likelihood of early hearing of the appeal. Appellant No.2 - Bhagwat has already undergone 12 years 11 months 3 days. He has no criminal antecedents. Under such circumstances, learned counsel prays for suspension of sentence and grant of bail to appellant No.2 - Bhagwat.

Per contra, Shri Bhadouriya, learned Public Prosecutor for the respondent/State while supporting the judgment impugned laying emphasis on the entire ocular evidence placed on record duly corroborated with medical evidence, submits that complicity of the present appellant-Bhagwat in the matter of inflicting injuries on the body of deceased can not be ruled out. Hence, no

exception can be taken in the matter of suspension of sentence to appellant No.2 - Bhagwat, though he does not dispute extension of benefit of suspension of jail sentence to other co-accused as aforesaid.

Upon hearing learned counsel for parties, though this Court refrains from commenting upon rival contention touching the merits of the case but regard being had to the fact appellant No.2-Bhagwat has already suffered jail incarceration of almost 13 years, in the obtaining facts and circumstances as the appeal is found to be arguable in nature and there is no likelihood of early of the appeal in normal course as rightly contended by learned counsel for appellants, appellant No.2-Bhagwat is held entitled for suspension of sentence.

Consequently, I.A.No. 12687/2023 is hereby allowed and it is directed that the jail sentence of appellant No.2-Bhagwat shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court and also subject to deposit of the fine amount (if not already deposited). Appellant No.2-Bhagwat is directed to mark his appearance before the Registry of this Court on 11.10.2023 and on other subsequent dates as may be fixed in this behalf.

Observations on facts, if any, are only for the purpose of disposal of the application for suspension of sentence and shall have no hearing on the merits

of the appeal.

Certified copy as per rules.

  (ROHIT ARYA)                                                         (MILIND RAMESH PHADKE)
     JUDGE                                          YOGESH VERMA                JUDGE
                                                    2023.08.11
                                 VALSALA
                                 VASUDEVAN
                                 2018.10.26
                                 15:14:29 -07'00'
                                                    14:20:23 +05'30'

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