Madhya Pradesh High Court
Govinddas @ Shibbay vs The State Of Madhya Pradesh Thr on 8 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1067 of 2016
(GOVINDDAS @ SHIBBAY AND OTHERS Vs THE STATE OF MADHYA PRADESH THR)
Dated : 08-12-2023
Shri Sushil Goswami - Advocate for appellant No.2- Anil @ Kallu.
Shri S.S.Kushwah - Public Prosecutor for the respondent/State.
Heard on I.A.No. 22097 of 2023, second application under Section
389(1) Cr. P.C. moved on behalf of appellant No.2 - Anil @ Kallu seeking
suspension of sentence and grant of bail. First application has been dismissed
as withdrawn vide order dated 21.7.2023.
Appellant No.2-Anil @ Kallu along with other co-accused persons, Arun,
Dhiraj and Govindas, who are his brothers and father, stood convicted under
Section 302/34 IPC and sentenced to undergo imprisonment for life with a fine
of Rs.5,000/-, with default stipulation vide judgment of conviction and order of
sentence dated 15.09.2016 passed by Sessions Judge, Datia in Sessions Trial
No.118/2015.
Appellant No.2 so far has undergone incarceration of 08 years and 04
months.
A s per prosecution story, complainant along with her injured husband
Suresh (deceased) lodged an FIR at Police Station Bhander on 19.07.2015 that
while deceased Suresh was sitting in front of his house, accused persons came
there and started hurling filthy abuses on Suresh threatening him with dire
consequences. Appellant is said to have been armed with Lohangi, co-accused
Arun with sariya, Dheeraj with Lathi and Govindas with Danda. All of them
with common intention started beating deceased Suresh indiscriminately, as a
result, Suresh died of multiple injuries so caused. Investigation started. Upon
collection of the incriminating material and recording of statements of witnesses
under Section 161 Cr.P.C, challan was filed. The case was committed to the
Sessions Court for trial. The Sessions Court upon critical evaluation of the
evidence placed on record and examination of witnesses, convicted and
sentenced the present appellant along with other co-accused, as aforesaid.
Mr. Goswami - learned counsel for the appellant presses the instant
application for suspension of jail sentence primarily on the ground of long jail
incarceration and secondly that the sentence of co-accused Govinddas @
Shibbay has already been suspended vide order dated 10.08.2023 and sentence
of co-accused Dhiraj has already been suspended vide order dated 20.10.2023
and the case of the present appellant is akin to that of co-accused Govinddas @
Shibbay and Dhiraj. Further, the allegation against the appellant is only that of
beating the deceased with Lohangi with no specific overt act or injury
attributable to the appellant. He further submits that the appeal is of the year
2016 and there is no likelihood of early hearing of the appeal in near future.
Under such circumstances, prayer is made for suspension of sentence and grant
of bail to the present appellant.
Per contra, Shri Kushwah, learned Public Prosecutor while supporting
the impugned judgment submits that the Sessions Court upon due application
of mind has carefully considered the evidence on record and ordered
conviction against the appellant and other co-accused persons. Therefore, no
exception can be taken in the matter of suspension of sentence and grant of bail
to the present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that present appellant has suffered long
period of incarceration with the fact that co-accused Govinddas @ Shibbay &
Dhiraj have since been extended the benefit of suspension of sentence and grant
of bail vide order dated 10.8.2023 & 20.10.2023 and the present appeal is of
the year 2016 and there is no likelihood of early hearing of the appeal, in the
obtaining facts and circumstances, appellant is held entitled for suspension of
jail sentence.
Accordingly, it is directed that the jail sentence of appellant No.2 Anil @
Kallu shall remain suspended and he shall be released on bail, subject to
verification of amount of fine being deposited and on his furnishing a personal
bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand only)
with one solvent surety in the like amount to the satisfaction of the Trial Court.
Appellant No.2 - Anil @ Kallu is directed to appear before the Registry of this
Court first on 19-12-2023 and on other subsequent dates as may be fixed by
the Office in this behalf.
Accordingly, IA No. 22097 of 2023 stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of disposal of the
application for suspension of sentence and shall have no hearing on the merits
of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
Ahmad
