Madhya Pradesh High Court
Govinddas @ Shibbay vs The State Of Madhya Pradesh Thr on 10 August, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1067 of 2016
(GOVINDDAS @ SHIBBAY AND OTHERS Vs THE STATE OF MADHYA PRADESH THR)
Dated : 10-08-2023
Shri Sushil Goswami - Advocate for the appellants.
Shri Koshlendra Bhadouriya - Public Prosecutor for the
respondent/State.
Heard on I.A.No. 13690 of 2023, seventh repeat application under
Section 389(1) Cr. P.C. moved on behalf of appellant No.1- Govind Das alias
Shibbe seeking suspension of sentence and grant of bail. His last application
(IA No. 22515/2021) was dismissed as withdrawn vide order dated 06.04.2022.
Appellant No.1-Govind Das alias Shibbe, along with other co-accused
persons, Arun, Kallu and Dheeraj, who are his sons, stood convicted under
Section 302/34 IPC and sentenced to undergo imprisonment for life with a fine
of Rs.5,000/-, with default stipulation vide judgment of conviction and order of
sentence dated 15.09.2016 passed by Sessions Judge, Datia in Sessions Trial
No.118/2015.
Appellant No.1 so far has undergone incarceration of 11 years 1 month
27 days as per report of the Jail Superintendent, Central Jail, Gwalior dated
08.08.2023.
A s per prosecution story, complainant along with her injured husband
Suresh (deceased) lodged an FIR at Police Station Bhander on 19.07.2015 that
while deceased Suresh was sitting in front of his house, accused persons came
there and started hurling filthy abuses on Suresh threatening him with dire
consequences. Appellant is said to have been armed with danda, co-accused
Arun with sariya, Kallu with luhangi and Dheeraj with lathi. All of them with
common intention started beating deceased Suresh indiscriminately. As a result,
Suresh died of multiple injuries so caused. Investigation started. Upon
collection of the incriminating material and recording of statements of witnesses
under Section 161 CrPC, challan was filed. The case was committed to the
Sessions Court for trial. The Sessions Court upon critical evaluation of the
evidence placed on record and examination of witnesses convicted and
sentenced the present appellant along with other co-accused, as aforesaid.
Mr. Goswami - learned counsel for the appellant presses the instant
application for suspension of jail sentence primarily on the ground of long jail
incarceration and secondly that the entire family is behind bar and there is no
one at home to look after the ladies in the house. Further, the allegation against
the appellant is only that of beating the deceased with danda with no specific
overt act or injury attributable to the appellant. He further submits that the
appeal is of the year 2016 and there is no likelihood of early hearing of the
appeal in near future. Under such circumstances, prayer is made for suspension
of sentence and grant of bail to the present appellant.
Per contra, Shri Bhadouriya, learned Public Prosecutor while supporting
the impugned judgment submits that the Sessions Court upon due application
of mind has carefully considered the evidence on record and ordered
conviction against the appellant and other co-accused persons. Therefore, no
exception can be taken in the matter of suspension of sentence and grant of bail
to the present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions touching merits of the case but regard
being had to the long period of incarceration suffered by the present appellant
and the appeal being of the year 2016 is not likely to be heard finally in near
future, we deem it appropriate to extend the benefit of suspension of sentence
and grant of bail to the present appellant.
Accordingly, it is directed that the jail sentence of appellant No.1 -
Govind Das alias Shibbe shall remain suspended and he shall be released on
bail, subject to verification of amount of fine being deposited and on his
furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac
Fifty Thousand only) with one solvent surety in the like amount to the
satisfaction of the Trial Court. Appellant No.1 - Govind Das alias Shibbe is
directed to appear before the Registry of this Court first on 11-10-2023 and on
other subsequent dates as may be fixed by the Office in this behalf.
Accordingly, IA No. 13690 of 2023 stands allowed and disposed of.
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 JUDGE
yog
YOGESH VERMA
2023.08.11
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
14:12:04 +05'30'
