Gendalal vs The State Of Madhya Pradesh
2023 Latest Caselaw 20429 MP

Madhya Pradesh High Court

Gendalal vs The State Of Madhya Pradesh on 4 December, 2023

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                        CRA No. 7040 of 2023
                                            (GENDALAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 04-12-2023
                                  Shri S. K. Vyas, learned Senior Counsel with Shri M.I. Ansari, learned

                           counsel for the appellant(s).
                                  Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.

Heard on I.A.No.14733/2023, which is first application for suspension of jail sentence of the appellant No.2 Pawan @ Bablu S/o Gendalal, who

stands convicted vide judgment dated 15.05.2023 passed by the Second Additional Sessions Judge, Sardarpur, District Dhar (MP) in Sessions Trial No. 21/2020 (Crime No. 264/2019) for offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 1,000/- and under Section 25(1-B) of the Arms Act sentenced to undergo 2 years R.I. with fine of Rs.500/- with default stipulations.

2. The prosecution case found to be proved is that on 29.10.2019 at about 4:00 pm, when complainant reached his house, his father Champalal told

him that some altercation took place with co-accused Gendalal and Bablu and they started to beat him and thereafter, Champalal came back to the house. After sometime, when complainant returned to his house, he saw that co- accused/appellant Gendalal, co-accused/appellant Dhanabai, co-accused - Ku. Pooja and the present appellant - Pawan @ Bablu were abusing his father Champalal filthily and when they were told not to abuse, co-accused Gendalal inflicted injury by sword on the head of Champalal due to which blood started oozing out. Present appellant No.2 - Pawan beat Champalal with the blunt side

of the sword. The co-accused Dhanabai and Ku. Pooja slapped Champalal. During treatment, Chamapalal succumbed to the injuries and died.

3. Learned counsel for the appellants submits that appellant No.2 has been falsely implicated in the case. The only allegation against the present appellant is of assaulting the deceased on his right shoulder by the blunt side of the sword. The present appellant has been implicated only on the ground of his presence on the spot and active participation. The appellant No.2 was on bail during trial. The overt act assigned to the appellant gets negativated by medical evidence since there was no injury on the right should of the deceased. The other co-accused having similar act namely appellant No.3 - Dhanabai and

appellant No.4 - Ku. Pooja, their sentence has been suspended by this Court vide order dated 10.08.2023, therefore, learned counsel for the appellant prays that the jail sentence of appellant No.2 - Pawan @ Bablu be suspended and and he be released on bail.

4. Learned counsel for the respondent/State opposes the prayer for suspension of jail sentence and prays for its rejection.

5. On due consideration of the facts and circumstances of the case, role assigned to appellant No.2 Pawan @ Bablu, without expressing any opinion on the merits of the case, I.A.No.14733/2023 is allowed and it is directed that upon depositing the fine amount (if not already deposited) and on furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of appellant No.2 Pawan @ Bablu shall remain suspended till the final disposal of the appeal and he shall be released on bail. He shall appear before the concerned

trial Court firstly on 23.01.2024 and on all other subsequent dates, as may be fixed in this behalf by that Court.

Certified copy as per rules.

                                (S. A. DHARMADHIKARI)                               (PRANAY VERMA)
                                         JUDGE                                          JUDGE




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