Madhya Pradesh High Court
Sunil Singh vs The State Of Madhya Pradesh on 6 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 577 of 2016
(SUNIL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 06-12-2023
Ms. Ragini Jain, learned counsel for the appellants.
Shri Nirmal Sharma , learned PP for the respondent/State.
Heard on I.A.No. 21320/2023, which is first application moved on behalf
of appellant No. 2- Darshan Singh under Section 389(1) of Cr.P.C. for
suspension of remaining part of his jail sentence.
By the impugned order of conviction and judgment of sentence, appellant
has been held guilty of offence under Section 302,149, 307/149, 148 of IPC and
Section 25(1-B)(A) of Arms Act and has been sentenced to various terms of
sentences, maximum of which is life imprisonment with fine and default
stipulations.
As per prosecution story on 8/3/2013 at about 9 am in the hospital
premises, Morena, complainant Raghuveeer Singh lodged a report to the effect
that the morning at about 7 am when Bhura and Jitendra of his village were
going on a tractor filled with sand, due to water discharged from his well, there
was mud on the road, in which tractor got stuck, therefore, they started abusing
the complainant and when complainant opposed the same, they called other
persons from their home on which Darshan Singh, Sunil, Devi Singh, Sahab
Singh, Jagdish armed with Lathi and axe came and when accused Jitendra saw
them, he fired a gunshot which hit stomach of Baturi, who succumbed to the
same later on. Other persons from complainant side also sustained gunshot
injuries.Allegation against the present appellant is that he fired a gunshot which
caused injury in the right hand of Baturi.
It is the submission of learned counsel for the appellants that appellants
have been falsely implicated in the matter and even if the prosecution story is
accepted in its entirety, then also at the most, matter falls under Section 304 Part
I of IPC as incident happened all of a sudden due to sudden provocation.
Appellant Darshan Singh has already undergone jail sentence of 7 years 10
months as on 20/11/2023 as per the report of In charge - Warrant Branch,
Central Jail, Gwalior dated 20/11/2023 obtained under Right to Information Act.
It is further submitted that the appeal being of 2016 is not likely to be decided in
the near future. It is further submitted that all the other co-accused except
present appellant- Darshan Singh, have already been extended benefit of
suspension of jail sentence. On these grounds, learned counsel submits that the
present appellant may be extended the benefit of suspension of sentence and
grant of bail.
On the other hand, learned counsel for the State submitted that it is a case
of murder as the appellant fired gunshot from close proximity though injured
survived. Hence, no exception may be taken to the impugned judgment in the
matter of suspension of remaining jail sentence of appellant No.2- Darshan
Singh.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
present appellant so far has undergone incarceration of 7 years, 10 monthsand
the appeal which is of the year 2016 is not likely to be decided in the near
future, we are of the view that present appellant is entitled to the benefit of
suspension of sentence and grant of bail.
Accordingly, the I.A. stands allowed and it is directed that the jail
sentence of appellant No. 2- Darshan 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 on his furnishing a
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one
solvent surety in the like amount to the satisfaction of the Trial Court.
Appellant is directed to appear before the Registry of this Court first on
26.02.2024 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said IA (I.A.No. 21320/2023) stands allowed and
disposed of.
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.
Certified copy as per rules.
(ROHIT ARYA) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
JPS/-
JAI
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
OF MADHYA PRADESH BENCH GWALIOR,
PRAKASH
2.5.4.20=287738d30aabaeda9b10cecdf179cec
865c7633f4cfb9e38ce14fcbb05b9522a,
postalCode=474001, st=Madhya Pradesh,
serialNumber=8D6BC1C9FCE36623D0BD6B80
SOLANKI
72A2D8C01433EBD48AE4F609F108CA8F8DE6
B522, cn=JAI PRAKASH SOLANKI
Date: 2023.12.06 17:59:44 +05'30'
