Madhya Pradesh High Court
Tunde @ Sugreev vs The State Of Madhya Pradesh on 16 August, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-2725-2023
(TUNDE @ SUGREEV Vs . THE STATE OF MADHYA PRADESH)
DATED:- 16-08-2023
Shri R.S. Yadav- Advocate for the appellant.
Shri A.K. Nirankari- Public Prosecutor for the respondent/State.
Per Justice Deepak Kumar Agarwal:
Heard on I.A. No.6467/2023, first application under Section 389 (1) of
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the
appellant - Tunde @ Sugreev.
This criminal appeal assails the judgment dated 07.01.2023 passed in
S.T. No.1400016/2016 by learned Second Additional Sessions Judge District
Bhind (M.P.), whereby the appellant has been convicted and sentenced as
under:-
Section Sentence Fine (Rs.) Default Stipulation
302 of IPC Life Imprisonment 2000/- 1 Month RI
In brief, case of the prosecution is that on 02.10.2015 complainant
Ajay Kumar alongwith his brother Jai Prakash, Gand Singh, Shivram Singh
Bhadoriya lodged a report at Police Station Dehat District Bhind that
marriage of his niece (Radha) was solemnized about five years ago with one
Munendra Singh resident of village Kalyanpura. The elder sister of
Munendra Singh got married at Kalyanpura. At about 2 pm, the elder sister
of Munendra Singh telephoned the complainant and informed him that
brother-in-law (Jeth) of his niece (Radha) abused her with filthy languages.
When she objected, he assaulted on her head by means of Axe due to which
she got injured. When they reached at Kalyanpura at the house of Radha, she
was not there. Villagers informed them that Radha was taken to Bhind
Hospital. When they reached Bhind Hospital, it was informed to them that
she was taken to Gwalior for treatment. They reached Gwalior Hospital but
could not find Radha. Thereafter, they reached at Kalyanpura where they saw
that there were injuries inflicted by Axe on the head, right cheek and left
hand of Radha. Her brother-in-law (Jeth) with intention to kill her assaulted
on her with Axe due to which she died. Her dead body is lying down at her
house situated at Kalyanpura. On his information, FIR bearing crime No.
434/2015 for the offence punishable under Section 302, 294 of IPC was
registered against appellant and the matter was investigated. Appellant was
arrested and after completion of investigation, charge-sheet has been
submitted. After conclusion of trial, trial Court convicted the appellant for
the offence as mentioned above.
Learned counsel for the appellants submits that the appellant has been
falsely implicated in this case and he has been wrongly convicted by the
learned trial Court. It is further submitted that it has been stated by Dr.
Kamlesh Kumar Udeniya (DW-1), Dr. Atul Agarwal (DW-2) and Smt. Jai
Mangla Devi (DW-3) (mother of the appellant) in their statements that the
appellant is suffering from psychosis. It is also submitted that appellant is a
mentally challenged person. Appellant has suffered about eight years of
incarceration and he is the permanent resident of District- Bhind (M.P.) and
there are fair chances of success of this appeal. Final hearing of the appeal
will take time. Under these circumstances, the execution of jail sentence be
suspended and the appellant be released on bail.
On the other hand, learned Public Prosecutor appearing on behalf of
the respondent/State opposed the bail application and prayed for rejection of
this application.
Keeping in view of the aforesaid submissions of learned counsel for
the parties and looking to the period of custody of the appellant, IA
No.6467/2023 is allowed. It is, therefore, directed that if appellant deposits
the entire fine amount, if not already deposited, and furnishes a personal
bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one
solvent surety of the like amount to the satisfaction of trial Court for his
appearance before the Registry of this Court on 20th November, 2023 and on
such subsequent dates as may be fixed in this regard, sentence of
imprisonment awarded to him, shall remain suspended till further orders and
he shall be released on bail.
I.A. No.6467/2023 stands allowed and disposed of.
Certified copy as per rules.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
YOGENDRA OJHA
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st=Madhya Pradesh,
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2023.08.16 18:14:51 +05'30'
