Dayal Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14109 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 3557 of 2017
                                             (DAYAL SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 28-08-2023
                                Shri Kapil Sharma - Advocate for appellant.

                                Shri Pramod Thakre - Public Prosecutor for respondent/State.

Shri Akash Kaushal - Advocate for objector.

Heard on I.A.No.3450 of 2021.

This is the third application seeking for suspension of sentence and bail

filed on behalf of accused No.1 Dayal Singh, who has been convicted under Sections 302/34, 341 and 323/34 of the IPC and sentenced to Imprisonment for Life with fine of Rs.5000/-, R.I. for one month with fine of Rs.1000/- and R.I. for 6 months with fine of Rs.1000/- respectively with default stipulations vide judgment dated 04.07.2017 passed by the 11th Additional Sessions Judge, Bhopal in Sessions Trial No.1109 of 2014.

The case of the prosecution is that when the deceased and two others were coming on a motorcycle, the present accused assaulted with a lathi. As a result of which, they fell down along with the motorcycle and they were

assaulted by the accused. The further case of the prosecution is that the deceased was brutally assaulted. Thereafter, on the case being registered, investigations was taken up. The charge-sheet was filed against three accused for offence punishable under Sections 341, 323 and 302 read with section 34 of the IPC. On trial, the appellant along with the other accused was convicted and sentenced as mentioned above. The instant appeal has been filed by the first accused Dayal Singh.

The learned counsel for the appellant submits that even if the entire Signature Not Verified Signed by: CHRISTOPHER PHILIP Signing time: 8/31/2023 12:15:50 PM

prosecution case is to be accepted, there are no overt acts attributable to the appellant of having caused any injury on the deceased. Therefore, he is innocent of offence and requires not only to be granted bail but also should be acquitted. The same is disputed by the State and the objector.

On hearing learned counsels, we do not find any ground to enlarge him on bail. In terms of the case of the prosecution, it was the instant accused who committed the assault and as a result of which the deceased and two others who were on the motorcycle fell down. After they fell down, the deceased was assaulted by the other accused. The two other persons ran away from the spot. Therefore, it is a clear case of the incident of having commenced only with the

action of the accused herein. In case the accused had not assaulted the deceased and the other two persons, such an incident would never have happened since the deceased with the other two persons would have proceeded further on the motorcycle. It is only with an intention to facilitate the assault on the deceased and others by the other two accused that the accused herein appears to have made the deceased and others fall down from the motorcycle. Under these circumstances, we do not find any good ground to enlarge the appellant on bail.

Consequently, I.A.No.3450 of 2021 is dismissed.

                               (RAVI MALIMATH)                                         (VISHAL MISHRA)
                                 CHIEF JUSTICE                                              JUDGE
                          C




Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 8/31/2023
12:15:50 PM