Madhya Pradesh High Court
Fugriya vs The State Of Madhya Pradesh on 8 December, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2495 of 2019
(FUGRIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 08-12-2023
Shri Vivek Singh - Advocate for the appellant No.3.
Shri Gaurav Singh Chouhan, Dy. Government Advocate for the
respondent/State.
Heard on I.A. No.17532/2023, which is first application under Section
389 of Cr.P.C. for suspension of jail sentence and grant of bail moved on
behalf of appellant No.3 - Palsia.
2. Learned Trial Court has convicted the appellant under Section 302/34
(two counts) of IPC and sentenced him to undergo Life Imprisonment (two
counts) with fine of Rs.1,000/- (two counts) with default stipulation, vide
judgment of conviction and order of sentence dated 23.02.2019 passed by the
2nd Additional Sessions Judge, Sendhwa, District Barwani in S. T.
No.156/2015.
3. As per prosecution case, on 21.09.2015, at around 06:00 PM, brother
o f complainant Railji, deceased Supariya, deceased Shivji and wife of Shivji -
Ginibai were present on their farmland. At that time, co-appellants - Fugriya,
Biharilal and Navsibai armed with lathi came there and asked the complainant
party that why they came on their farmland. The aforesaid accused persons
started beating the deceased Supariya by lathis. When deceased Shivji came
there for rescue, then co-accused persons Champalal, Khelji, Kantilal and
present appellant also came with lathis and stones. They have assaulted Shivji
by their weapon. The deceased persons were taken to the hospital, where
doctor had declared them dead.
4. Learned counsel for the appellant has submitted that the appellant has
not committed the offence and has falsely been implicated in the matter. Co-
accused Fugriya and Biharilal have been extended the benefit of suspension of
jail sentence vide order dated 08.11.2023 passed by this Court. Case of the
present appellant is identical with that of co-accused Fugriya and Biharilal
therefore, present appellant is also entitled for bail on the basis of similarity. It
is also submitted that the appellant is in custody since 26.09.2015. Final hearing
of this appeal is not possible in near future therefore, it is prayed that the
remaining jail sentence of the appellant may be suspended and he may be
released on bail.
5. Learned Dy. Government Advocate for the respondent/State has
opposed the prayer of the appellant but has not disputed the similarity of
present appellant's case with that of co-accused persons.
6. We have heard learned counsel for the parties and perused the record.
7. Considering the facts and circumstances of the case coupled with the
fact that final hearing of this appeal is not possible in near future and on the
ground of parity with co-accused persons, this Court is of the considered view
that it is a fit case for suspension of jail sentence and grant of bail to the
appellant. Hence, without expressing any opinion on merits of the case, I.A.
No.17532/2023 is allowed and jail sentence of appellant No.3 shall remain
suspended.
8. It is directed that subject to depositing the fine amount, if already not
deposited, he shall be released on bail, on furnishing a personal bond in the sum
of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the
like amount to the satisfaction of Trial Court, for his appearance before the
Registry of this Court firstly on 15.02.2024 and on such other dates, as may
be fixed by the Registry in this regard, till final disposal of this appeal.
9. In view of aforesaid, IA No.17533/2023, an application for urgent
hearing stands disposed of.
List for final hearing in due course.
Certified copy, as per Rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
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