Madhya Pradesh High Court
Toran Singh vs The State Of Madhya Pradesh on 18 August, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4612 of 2018
(TORAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 18-08-2023
Shri Gagan Sharma, Advocate for the appellant.
Shri A.K.Nirankari, Public Prosecutor for the respondent/State.
Shri Deependra Singh Raghuvanshi, Advocate for the complainant.
Heard on I.A. No.13568 of 2023, which is third repeat application under
Section 389(1) of Cr.P.C. moved on behalf of appellant no.3 Deepak seeking
suspension of sentence and grant of bail. The earlier applications were
dismissed as withdrawn.
The appellant stands convicted under Section 302/149 and sentenced to
undergo life imprisonment with fine of Rs.2000/- in default to suffer S.I. for six
months; under sections 147 and 148 of IPC to undergo R.I. for 2 years with
fine of Rs.500/- in default to suffer SI for 3 months vide judgment of
conviction and order of sentence dated 02.04.2018 passed by I Additional
Sessions Judge, Gangbasoda, District Vidisha in S.T. No. 46/13.
Prosecution story, as unfolded during trial, is that on 29/10/2012, at
about 7 PM, eye-witness Vikas (PW2), brother-in-law of Rajesh (since
deceased) was returning on a Motorcycle along with Rajesh from Village
Khurd. As they passed through Kakravda Village, all the miscreants intercepted
their Motorcycle near a pond. Since it was a full-moon night, Vikas had
identified all of them. Appellant Deepak and Kamal Singh were armed with
Axes, Manoj was having a Pharsa, , while Toran and Chaturbhuj were having
Lathis. The miscreants caught hold of the Motorcycle from behind. Appellant
Deepak and Kamal Singh gave Axe blows and Manoj dealt a Pharsa blow on
Rajesh from behind. The Pharsa wielded by Manoj hit Rajesh on his head,
whereas the Axe of Kamalsingh had landed on his back. Blood started oozing
out due to such injuries and the Motorycle fell down. All the miscreants rushed
to beat him, while Chaturbhuj and Toran Singh were saying that as Rajesh was
not entering into compromise, he would not be spared alive. The appellants
kept on assaulting till they detected that there was no movement in his hands
and legs. Thereafter, the appellants fled away. Being terrified, Vikas anyhow
reached the house of Randheer Singh passing through agricultural fields.
Thereafter report (Ex.P/2) was lodged. Next day police prepared the spot map
and plain and blood stained soil was seized from the spot. On the basis of
aforesaid, criminal law was set into motion. The trial Court upon critical
evaluation of the evidence placed on record convicted and sentenced the
appellant as aforesaid.
Learned counsel for appellant no.3 submits that the appellant has been
falsely implicated. There are material contradictions and omissions in the
evidence of prosecution witnesses. The entire conviction is based upon the
sole testimony of Vikas (PW2) who is not a reliable witness. The appellant so
far has suffered incarceration of about 9 years and 7 months. This appeal is of
the year 2018 and its final disposal is likely to take time. Besides, similarly
situated co-convict Manoj has been given the benefit of suspension of sentence
vide order dated 14/6/2023 and the appellant deserves parity in treatment. With
the aforesaid submissions, prayer for suspension of sentence is made.
Per contra, learned Public Prosecutor assisted by learned counsel for the
complainant has opposed the application while supporting the impugned
judgment.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions touching merits of the matter, regard
being had to the overall facts and circumstances of the case including that
present appellant has suffered incarceration of more than 9 years as aforesaid
and final disposal of this appeal is likely to take time, we are of the view that the
appellant deserves to be given the benefit of suspension of sentence.
The application is, accordingly, allowed and it is directed that the jail
sentence of appellant no.3 Deepak shall remain suspended and he shall be
released on bail, on his furnishing a personal bond in the sum of Rs.1,50,000/-
(Rupees One Lac and Fifty Thousand only) with one solvent surety in the
like amount to the satisfaction of the Trial Court, for his appearance before the
Registry of this Court first on 10/10/2023 and on other subsequent dates as
may be fixed by the Office in this behalf. Besides, the appellant shall mark his
presence before the SHO of the concerned Police Station on 2 nd and 4 th
Saturday of each month during pendency of this appeal. Further, the
complainant shall be at liberty to move for cancellation of suspension of
sentence in case the appellant indulges in any criminal activity.
It is made clear that 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
SP
SANJEEV
KUMAR PHANSE
2023.08.18
18:04:42 +05'30'
