Krishnapad Mandal @ Krishna @ ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 14172 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 7855 of 2022
                                    (VASHUDEV CHAKRAWARTI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                CRA/08187/2022, CRA/08645/2022, CRA/09003/2022, CRA/09556/2022,
                                                       CRA/09653/2022
                         Dated : 29-08-2023
                               Shri Sourabh Shrivastava - Advocate for appellant Nos.1 to 3, 5 to 8
                         and Shri Sundaram Singh - Advocate for the appellant No.4 in Cr.A.
                         No.7855/2022.
                               Shri Sankalp Kochar - Advocate for appellant in Cr.A. No.8187/2022.
                               Shri Amit Kumar Bajpai - Advocate for appellant in Cr.A.

                         No.8645/2022.
                               Shri Amit Dubey - Advocate for appellant in Cr.A. No.9003/2022.
                               Shri Sourabh Shrivastava - Advocate for appellant in Cr.A.
                         No.9556/2022.
                               Shri Anil Khare - Senior Advocate with Shri A. J. Mathew - Advocate
                         for appellant in Cr.A. No.9653/2022.
                               Shri Pankaj Tiwari - Panel Lawyer for the respondent/State.

Shri P. S. Chouhan - Advocate and Shri Rohit Sharma - Advocate for complainant.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima facie, this appeal seems to be arguable. Hence admitted for final hearing.

Also heard on I.A. Nos.16822/2022, 17417/2022, 18158/2022, 18976/2022, 19823/2022 and 19982/2022, which are applications under Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/1/2023 11:31:35 AM

Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellants, pending the appeal.

Appellants have been convicted for commission of offence under Sections 148, 452, 307/149, 325/149, 323/149 (two counts) of IPC and have been sentenced to undergo R.I. for 6 months and fine of Rs.500/-, R.I. for 2 years and fine of Rs.500/-, R.I. for 5 years and fine of Rs.2,000/-, R.I. for 2 years and fine of Rs.1,000/-, R.I. for 6 months and fine of Rs.500/-(two counts), with default stipulation.

Appellants - Sapan Vishwas, Tapan Vishwas and Sanjay Vishwas along with aforesaid offence have also been convicted for commission of offence

under Sections 25 (1-B) (b) of Arms Act and have been sentenced to undergo R.I. for 1 year and fine of Rs.500/-, with default stipulation vide judgment dated 30.08.2022 passed in S.T. No.300274/2012 (State of M.P. Vs. Narayan

Vishwas and others) delivered by 3rd A.S.J., Betul.

Learned counsel for the appellants have submitted that learned trial Court has erroneously convicted the appellants. It has not properly appreciated the evidence of prosecution witnesses particularly that of injured and eye witnesses. It has also not considered various omissions and contradictions appeared in their evidence. It is also the arguments of learned counsel for the appellants that in these cases, 17 persons have been en-roped in commission of offence, but only 6 injuries are alleged to have been found on the person of Satyaranjan and seven injuries on the person of Praveer. If they would have been really assaulted and attacked by 17 persons, who were armed with swords, wood sticks and other deadly weapons, there must have been more injuries. It is further submitted that no incised wound have been noticed on the head of the injured

Signature Not Verified persons. Learned counsel for the appellants referring the evidence of Dr. Signed by: POONAM MANEKAR Signing time: 9/1/2023 11:31:35 AM

Deepak Jaiswal (PW-19) have submitted that he is a BHMS Doctor but he has prepared the MLC reports of injured only on the basis of case file without medically examining any of the injured persons and the same fact itself puts a serious question mark on the findings recorded by the learned trial Court.

Learned counsel for the appellants have also referred para no.38 of the evidence of Dr. Shashank Agrawal (PW-26), in which he has admitted that injuries sustained by the injured persons were not dangerous to life and were simple in nature. It is further submitted that maximum 5 years sentence has been awarded. Appellants have already suffered jail sentence for more than one year and there is no possibility of hearing of this appeal in near future as it is appeal of 2022. Therefore, it is prayed that appellants may be released on bail, otherwise if appellants are not released on bail, purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State as well as counsel for complainant have opposed the grant of bail and have submitted that injured Satyaranjan and Praveer have sustained fractures on their legs and prosecution has proved its case beyond reasonable doubt. Therefore, appellants may not be released on bail.

I have gone through the impugned judgement and findings recorded by the learned trial Court. As per evidence of Dr. Deepak Jaiswal (PW-19), Dr.

Shashank Agrawal (PW-26) and evidence of injured eye witnesses grievous injuries have been caused on the non-vital parts of the body of the injured witnesses. The appellants have already suffered more than one year in the jail. There is no possibility of hearing of this appeal in near future. Therefore, having taken into consideration the evidence of aforesaid witnesses including the Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/1/2023 11:31:35 AM

evidence of injured witnesses and eye-witnesses and other material on record including the detention period of the appellant, I am of the view that the case for suspension of jail sentence is made out.

Consequently, I.A. Nos.16822/2022, 17417/2022, 18158/2022, 18976/2022, 19823/2022 and 19982/2022 are allowed. The execution of jail sentence of appellant- Vashudev Chakrawarti, Ashish Datta, Nepal Dhali, Ganesh Majumdar @ Prakash @ Dhara, Nitish Sarkar, Narayan Vishwas, Manik, Tapan Vishwas, Sadhandas @ Sadhan, Krishnapad Mandal @ Krishna @ Sarpanch, Babulal @ Khokhan Chakravarti, Khokhan Badhai, Manoj Balurkar, Sapan Biswas and Sanjay Biswas is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 29.11.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/1/2023 11:31:35 AM