Madhya Pradesh High Court
Jhinguri Singh vs The State Of Madhya Pradesh Thr. on 25 August, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 326 of 2015
(JHINGURI SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH THR.)
Dated : 25-08-2023
Shri Ayush Saxena- Advocate for the appellants.
Shri A.K. Nirankari -Public Prosecutor for respondent/State.
Heard o n IA No.13109 of 2023, fifth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.5- Pancham Singh.
So far appellant has undergone almost 11 years and 04 months' and 21
days' incarceration.
Appellant stood convicted under Sections 302/149, 307/149 and 148 IPC
and sentenced to undergo imprisonment for life with a fine of Rs.50,000/-, RI
for seven years with a fine of Rs.10,000/- and RI for one year with a fine of
Rs.2,000/- with default stipulations vide judgment of conviction and order of
sentence dated 10.03.2015 passed by Additional Sessions Judge, Lahar, District
Bhind (M.P.) in ST No.147/2012.
A s per prosecution story, on 05.03.2012 at about 03:30 pm at village
Daulatpura, complainant Devendra Singh along with the sons of his brother in
law, namely, Karu @ Yuvraj and Mahesh @ Chhotu was harvesting the crop of
Mustard grown on the field purchased from Ramesh Singh Bhadoriya. At about
03:30 accused persons armed with lathi, axe and licenced mouser came and
restricted to cut the crop of mustard as the field pertained to them. On which
Devendra Singh replied that they had purchased the field and got done the
demarcation and thus it belonged to them. On which all accused persons
surrounded the complainant Devendra Singh, Karu @ Yuvraj and Mahesh @
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 8/26/2023
3:18:08 PM
Chhotu and exhorted to kill them, in furtherance whereof accused Jheenguri
Singh and Balveer inflicted lathi blows due to which Devendra Singh sustained
injuries on his left hand and left thigh. At that time, Pancham Singh, present
appellant, caused firearm injury to Mahesh @ Chhotu which hit his left rib
through left shoulder and went to the right side of the rib. Other fire was made
by accused Udaiveer aiming Devendra Singh which missed. Thereafter, accused
persons fled away. Devendra Singh, Yuvraj and others got Mahesh to the
hospital in injured condition where he was declared to be dead by the doctor.
On the basis of information given, FIR was lodged against the accused persons
and investigation was triggered. Upon completion of investigation, recording of
the statements and other formalities, Challan was filed. The case was
committed to the Sessions Court for trial. The Sessions Court upon critical
evaluation of the evidence placed before it and recording of statements of
material witnesses, convicted and sentenced the present appellant along with
other co-accused as referred above.
Learned counsel for the appellants submits that the present appellant is
innocent and has been falsely implicated. The Sessions Court has not
appreciated the evidence in correct perspective and the same suffers from
surmises and conjectures. Moreso, present appellant has already suffered more
than 11 years and 04 months' and 21 days' incarceration. The appeal is of the
year 2015 and there is no likelihood of early hearing of this appeal in near
future. Under such circumstances, it is prayed that jail sentence of the present
appellant may kindly be suspended.
Learned counsel for the respondent-State opposed the prayer and
supported the impugned judgment.
Signature Not Verified
Upon hearing learned counsel for the parties, though this Court refrains
Signed by: PAWAN
DHARKAR
Signing time: 8/26/2023
3:18:08 PM
from commenting upon the rival contentions so advanced touching merits of the
case, but regard being had to the period of custody suffered by the present
appellant i.e. 11 years and 04 months' and 21 days and that the appeal is of the
year 2015 and there is no likelihood of early hearing of the appeal, this Court is
of the considered view that benefit of suspension of sentence may be extended
to present appellant.
Accordingly, IA No.13109 of 2023 stands allowed and it is directed
that jail sentence of appellant No.5- Pancham Singh shall remain suspended
during pendency of the present appeal and he shall be released on bail subject
to verification of the factum of depositing the fine amount and furnishing a
personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one
solvent surety in the like amount to the satisfaction of the Trial Court. He is
directed to appear before the Registry of this Court first on 12.10.2023 and on
other subsequent dates as may be fixed in this behalf.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 8/26/2023
3:18:08 PM
