Golu @ Indrapal Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13021 MP

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                       CRA No. 3486 of 2023
                                    (GOLU @ INDRAPAL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-08-2023
                                 Mr. Atul Gupta - Advocate for the appellants.

                                 Mrs. Ankita Mathur - Public Prosecutor for respondent/State.

Heard on the question of admission.

This appeal appears to be arguable, hence it is admitted for final hearing. Heard on I.A. No. 5723 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by

appellants.

This Criminal Appeal assails the judgment dated 31.12.2022 passed by First Additional Sessions Judge, Ganjbasoda, District Vidisha (M.P.) in case No. ST/100242/2015 whereby, appellants stood convicted and sentenced under Sections 304-I of IPC to undergo rigorous imprisonment of 10 years with fine of Rs. 5,000/- each with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants ignoring the evidence available on record without considering the aspect of sudden provocation as well as nature of

injuries. It is further argued that the cleaner of truck driven by the deceased- Saleem has turned hostile and has not supported the case of prosecution. Evidence of Jitendra Raghuwanshi-PW/11 has also not cogent and reliable. Deceased-Saleem received only three simple injures as per MLC report conducted by Dr. R.K. Sahu/(PW/12). Statement of Dr. Raj Kumar Verma/(PW-14), also reveals that the injuries had been caused due to some heavy object fell on the chest of the deceased. This witness also opined that Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 8/11/2023 10:39:59 AM

injuries could not be caused by hitting with hands and fists. However, as per prosecution witnesses, the appellants were not having any arms or weapons, but they simply hit the deceased with kicks and fists. The appellants have already served 16 months of incarceration out of total awarded jail sentence of 10 years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 5723 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh only) each with two local solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellants shall remain suspended and they be released on bail. They are further directed to mark their appearance before the Office of this Court o n 22.11.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 8/11/2023 10:39:59 AM

JUDGE (LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 8/11/2023 10:39:59 AM