Madhya Pradesh High Court
Gyan Singh vs State Of M.P. on 7 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 70 of 2012
(GYAN SINGH AND OTHERS Vs STATE OF M.P.)
Dated : 07-12-2023
Shri B.D.Mohore - Advocate for the appellants No.1 to 3.
Shri A.K.Nirankari - Pubic Prosecutor for the respondent/State.
Heard on I.A.No.22013 of 2023, first application under Section 389 (1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellants No.1 Gyan Singh, appellant No.2 Bhagwan Singh and appellant No.3
Mukesh Nath.
Appellants No.1 to 3 stand convicted under Section 396 of IPC and
sentenced to suffer life imprisonment with fine of Rs.500/- and under Section
395 r/w Section 397 of IPC and sentenced to suffer 10 years' RI with fine of
Rs.500/- with default stipulation respectively vide judgment of conviction and
order of sentence dated 14.12.2011 passed by Second Additional Sessions
Judge (Fast Track) District Vidisha (M.P.) in Sessions Trial No.145 of 2007.
Appellants No. 1 to 3 so far have undergone 17 years, 05 months and 08
days of jail incarceration.
Prosecution story as found proved is that in the intervening night of
30.06.2006 - 01.07.2006, the complainant was sleeping in a room with her
deceased husband Balveer Singh. In the courtyard, her mother-in-law, sister-in-
law, father-in-law, maternal uncle-in-law and niece were also sleeping. At that
moment, three individuals entered the house and attacked her. They hit her on
the neck, the complainant started crying. Then, using a wooden stick kept
nearby, accused persons attacked on her husband Balveer Singh's neck and
chest. He became unconscious, and they tied his mouth and stole the following
items: a gold Mangalsutra weighing 8 grams, valued at 2,000 rupees; 4 silver
bangles, weighing 100 grams, valued at 500 rupees; 150 grams of silver anklets,
valued at 700 rupees; one total of gold tops, valued at 50 rupees; approximately
400 grams of her mother-in-law's silver bangles, valued at 1,500 rupees; silver
chain weighing 100 grams, valued at 600 rupees; and 180 rupees in cash. Her
mother-in-law, father-in-law, and maternal uncle-in-law were also beaten by
these six accused, resulting in injuries on their faces, hands, legs, and heads.
There were total 9 accused persons involved in the incident, all were wearing
pants and shirts, carrying sticks in their hands, and aged between 20-25 years,
all the persons had black skin tone. In the course of this assault and robbery,
her husband, Balveer Singh, succumbed to his injuries. On the basis of the said
allegations an FIR bearing no.453/2006 was registered at Police Station Kotwali,
Vidisha under section 396 of IPC. Upon completion of investigation including
recording of statements, collection of evidence and necessary formalities,
challan was filed before Court below from where the case was committed to the
Sessions Court. The Sessions Court on appreciation of evidence placed on
record convicted and sentenced the present appellants as referred above.
Learned counsel for appellants No.1 to 3 while taking exception to the
impugned judgment prays for suspension of sentence of present appellants
primarily on the ground of long jail incarceration as appellants No.1 to 3 so far
have undergone 17 years, 05 months and 08 days without remission. Co-
accused Jagdish Nath and Bharat Singh have already been given the benefit of
suspension of sentence and enlarged on bail vide common order dated
08.11.2023. Co-accused Deewan Singh has already been given the benefit of
suspension of sentence and enlarged on bail vide order dated 28.11.2023. The
appeal being of 2012 is not likely to be decided in the near future. On these
grounds, learned counsel submits that the present appellants No.1 to 3 may be
extended the benefit of suspension of sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellants No.1 to 3.
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 appellants No.1 to 3 on merits, however, regard being had to the only
fact that appellant No.1 Gyan Singh, appellant No.2 Bhagwan Singh and
appellant No.3 Mukesh Nath so far have undergone 17 years, 05 months and 08
days without remission and the fact that the appeal which is of the year 2012 is
not likely to be decided in the near future and looking to the fact that co-
accused Jagdish Nath, Bharat Singh and Deewan Singh have already been given
the benefit of bail, we are of the view that present appellants No.1 to 3 is
entitled to the benefit of suspension of sentence and grant of bail.
Accordingly, I.A.No.22013 of 2023 stands allowed and it is directed that
the jail sentence of appellant No.1 Gyan Singh, appellant No.2 Bhagwan
Singh and appellant No.3 Mukesh Nath shall remain suspended during
pendency of the present appeal and they shall be released on bail subject to
verification of the factum of depositing the fine amount and on their furnishing a
personal bond in the sum of Rs.2,00,000/- (Rupees Two Lac only) each with
one solvent surety each in the like amount to the satisfaction of the Trial Court.
Appellants No.1 to 3 are directed to appear before the Registry of this
Court first on 24/1/2024 and on other subsequent dates as may be fixed in this
behalf.
Accordingly, the said IA 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.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
AK/-
ANAND KUMAR
2023.12.07
15:53:01 +05'30'
