Compoter Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2090 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 9349 of 2022
                                       (COMPOTER SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-02-2023
                                Shri D.R. Sharma, Advocate for the appellant.

                                Shri    Deepak     Khot,    learned    Government     Advocate      for   the
                          respondents/State.

Heard on I.A. No. 2584/2023, which is first application filed under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail.

The appellant Udayveer Singh Gurjar has been convicted under Section

397 of IPC and Section 11/13 of MPDVPK Act and sentenced to suffer eight years' RI with fine of Rs. 2000/- with default stipulation vide judgment dated 24/09/2022 passed in SC DOCT No. 200059/2015 by Special Judge (MPDVPK Act), Joura, District Morena.

As per prosecution case, on 31.7.2011 at about 12:00 P.M. when the complainant was grazing his buffaloes in field at Dagaria Pura Mouje, appellant Udayveer carrying Luhangi and co-accused Pappu alias Lohia came armed with an axe, co-accused Kompoter, Bijjo, Manoj came with sticks and started taking away buffaloes of the complainant, then he stopped the accused persons from

doing so, then they said that they are taking revenge on him. When he protested, his four brothers who were hidden in the bush, came with sticks and co- accused Bunty caused injury by means of axe in the right leg of the complainant. Pappu alias Lohia assaulted him by means of axe in left leg. Appellants Compoter, Bijjo and Manoj assaulted him by means of sticks. There were injuries found on both the thighs, both elbows, back, chest, fingers of left hand, right knee, left shoulder of the complainant and he fell down. On the basis Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 07-Feb-23 12:58:25 PM

of aforesaid complaint, the FIR has been registered against the appellants.

It is submitted by the Counsel for the appellant that the appellant was on bail during the trial. He is in custody from the date of judgment i.e. 24.09.2022. Fine amount has already been deposited. It is further submitted that one luhangi has been recovered from the present appellant and omnibus allegations have been leveled against him. No overt act has been attributed to the applicant as per the statement of the witnesses. There is no specific allegation against the appellant of assaulting any injured. He has already suffered jail incarceration of 8 months. Learned Counsel for the appellant further submits that hearing of appeal is likely to take time. Therefore, he prays for grant of suspension of jail

sentence.

Per contra, the application is opposed by the Counsel for the State by submitting that the appellant has actively participated in the alleged crime and the injured/complainant Murari has sustained fracture injuries in his Tibia of left leg, fibula of right leg and fourth metatarsal of left leg and third metatacarpal and index finger of right leg.

Considering the rival contentions of parties coupled with the fact that the jail sentence of appellant no.3 Udayveer Singh Gurjar was on bail during the Trial, and he has already suffered jail incarceration of eight months and the fact that there are no specific allegations against the appellant of assaulting an injured, without commenting upon merits of the case, the application for suspension of sentence is allowed. On furnishing the personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/CJM/Remand Magistrate (Whosoever is available), the remaining jail sentence shall remain suspended and the appellant shall be released on bail.

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 07-Feb-23 12:58:25 PM

This order shall remain in force, till the conclusion of the present appeal. In case of bail jump or violation of any of the condition, mentioned above, this bail order shall automatically lose its effect.

The appellant Udayveer Singh Gurjar shall appear before the Registry of this Court on 15.02.2023 and on all other dates, which may be given by the Registry in this behalf.

List for final hearing in due course.

(MILIND RAMESH PHADKE) JUDGE

Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 07-Feb-23 12:58:25 PM