Deepak Alias Deepchand Kirar vs The State Of Madhya Pradesh
2023 Latest Caselaw 14315 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    CRA No. 11653 of 2022
                              (DEEPAK ALIAS DEEPCHAND KIRAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 31-08-2023
                               Shri Ishan Soni - Advocate for appellants.

                               Shri A.S.Baghel - Public Prosecutor for respondent/State.

Heard on I.A. No.23753 of 2022.

This is the first application seeking for suspension of sentence and bail filed on behalf of appellants/accused Deepak alias Deepchand Kirar, Sandeep

alias Brijendra, Pradeep and Kailash, who have been convicted under Section 302 read with Section 34 of Indian Penal Code and sentenced to Life Imprisonment with fine of Rs.5,000/- each with default stipulations vide judgment dated 30.11.2022 passed by the 1st Additional Sessions Judge, Gadarwara, District Narsinghpur in Sessions Trial No.33 of 2015.

The case of the prosecution is that on 31.10.2014 the complainant Jamna Prasad Kirar and other namely Manish Kirar were returning to their homes after consuming alcohol and at about 9.30 PM Manish returned to his home and complainant Jamna proceeded further on the road. That when accused Deepak

approached and asked for alcohol from Jamna, he refused it. There was an altercation. They assaulted one and other. Based on the complaint, an offence was registered in Crime No.233 of 2014 for offence punishable under Sections 294, 323, 506 read with section 34 of the IPC. Thereafter, the deceased was admitted in the hospital and passed away on 17.12.2014. The offence under Section 302 of the IPC was also added. The investigation was taken up. On the charge-sheet being filed, all the four accused have been convicted under Section 302 read with section 34 of the IPC and sentenced to imprisonment for life. Signature Not Verified Signed by: CHRISTOPHER PHILIP Signing time: 9/1/2023 11:32:45 AM

Hence, the instant appeal is filed along with an application for suspension of sentence and bail.

The learned counsel for appellants submits that there was no injury caused on the deceased. That admittedly an altercation took place for which free fight ensued. That the house of the deceased was not in proper shape. That he died due to medical reasons and not because of the assaults. The same is disputed by the learned Public Prosecutor.

On hearing learned counsels, we are of the view that it is a fit case where the bail should be granted. We do not find that there was any mens rea to commit the offence. The dispute took place because of liquor and refusal to

grant it to the accused. Therefore, even though the assaults are taken into consideration, they are not the cause of death. The cause of death is that which is stated in the post-mortem report i.e. because of septicemia. Hence, we are of the view that the appellants are entitled to be enlarged on bail.

Consequently, the application (I.A. No.23753 of 2022) is allowed. Subject to deposit of amount of fine, the remaining jail sentence of the appellants is suspended and they are directed to be enlarged on bail on each of them furnishing 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 the trial Court for their appearance before the trial Court/concerned Court on 28.11.2023 and thereafter on such other subsequent dates as may be fixed in that behalf.

                              (RAVI MALIMATH)                                          (VISHAL MISHRA)
                                CHIEF JUSTICE                                               JUDGE

                         C

Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 9/1/2023
11:32:45 AM