Madhya Pradesh High Court
Raju Tomar @ Rajusingh vs The State Of Madhya Pradesh on 10 February, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1108 of 2015
(RAJU TOMAR @ RAJUSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 10-02-2023
Shri R.K. Sharma-Senior Advocate with Shri V.K. Agrawal-Advocate
for the appellant.
Shri Rajesh Shukla-Deputy Advocate General for respondent/State.
Heard on IA No.10006 of 2019, which is second repeat application filed
o n behalf of appellant No.2-Rajendra Singh under Section 389(1) of Cr.P.C
seeking suspension of sentence and grant of bail.
Appellant No.2-Rajendra Singh stood convicted under Sections 148 and
302/149 IPC and sentenced to undergo RI for three years with a fine of
Rs.2,000/- and imprisonment for life with a fine of Rs.10,000/-with default
stipulations vide judgment of conviction and order of sentence dated
29.09.2015 by Additional Sessions Judge, Gohad, District Bhind (M.P.), in
Sessions Trial No.144/2011.
Appellant No.2-Rajendra Singh has so far undergone incarceration of
about 11 years including the period suffered during trial.
As per prosecution story, on 27.07.2010 at about 11 am Samrath Singh,
son of the complainant, was ploughing his field. After turning off the tractor, he
was going towards the bore lying near the home of Narayan Kori to drink water.
There is a boundary near the house of Narayan Kori and moor (beehad) is
adjacent to it. Accused persons Rajenra Singh, Raju, Surendra Singh, Lala and
Dileep were present behind the moor (beehad). Rajendra Singh (present
appellant) and co-accused Surendra Singh were alleged to have fired by means
of their 12 bore guns with an intention to kill, out of which one bullet hit the
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 2/10/2023
6:24:23 PM
chest of Samrath Singh due to which he fell down on the ground. Accused Dilip
Singh inflicted Dhariya blow on the right knee of Samrath Singh which caused
incised wound to him. Co-accused Lala also fired by means of country made
gun (katta) which hit his elbow of left hand, co-accused Raju hit him by means
means of Dhariya which caused injury to him on thigh of left leg due to which
blood started oozing out. Complainant Feran Singh was also present near the
spot who because of fear hided himself. The incident was also witnessed by
Karan Singh Tomar and Rakesh Singh Tomar. On the aforesaid allegations, FIR
was lodged. After completion of investigation, charge-sheet was filed and the
case was committed to the Sessions Court. The Sessions Court upon critical
evaluation of the evidence placed on record convicted and sentenced appellant
No.2 as referred above.
Learned counsel for appellant No.2 while taking exception to the
impugned judgment of conviction and order of sentence submits that appellant
No.2 is innocent and has falsely been implicated. The Sessions Court did not
appreciate the relevant piece of evidence. The judgment is based on surmises
and conjectures. According to learned Senior counsel, allegation against
appellant No.2-Rajendra Singh Tomar of using firearm which formed basis of
his conviction is de hors the evidence available on record. It is further submitted
that similar allegation was made against the co-accused-Surendra Singh Tomar
who has since been extended the benefit of suspension of sentence and grant of
bail vide order dated 04.05.2018 in Criminal Appeal No.1107/2015, hence,
prays for suspension of sentence and grant of bail.
Per contra, learned counsel for the respondent-State opposes the
application with submission that no fault can be found with the conviction
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ordered by the Sessions Court under Section 302 read with 149 of IPC as all
Signed by: PAWAN
DHARKAR
Signing time: 2/10/2023
6:24:23 PM
the accused persons with common object had assaulted the deceased resulting
into homicidal death. Thus, no exception can be taken in the matter of grant of
suspension of jail sentence to appellant No.2-Rajendra Singh.
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
incarceration of about 11 years coupled with the fact that co-accused Surendra
Singh Tomar has since been extended the benefit of bail vide order dated
04.05.2018 in Criminal Appeal No.1107/2015; present appeal is of the year 2015
and there is no likelihood of early hearing of the appeal, in the obtaining facts
and circumstances, appellant No.2 is held entitled for suspension of jail
sentence.
Accordingly, we allow IA No.10006 of 2019 and it is directed that the jail
sentence of appellant No.2 - Rajendra Singh shall remain suspended during
pendency of present appeal and he be released on bail on his furnishing a
personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one
solvent surety in the like amount to the satisfaction of the trial Court subject to
verification of factum regarding deposit of fine amount. Appellant No.2 is
directed to appear before the Registry of this Court first on 20.04.2023 and on
other subsequent dates as may be fixed in this behalf with following further
conditions:-
( i) the concerned jail authorities are directed that before
releasing the appellant, the medical examination of appellant
No.2 be conducted through the jail doctor and if it is prima
facie found that he is having any symptoms of COVID-19,
then the consequential follow up action or any further test
required be undertaken immediately. If not, appellant shall be
released on bail in terms of the conditions imposed in this
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Signed by: PAWAN
DHARKAR
Signing time: 2/10/2023
6:24:23 PM
order ;
(ii) violation of conditions, State is free to apply for
cancellation of bail.
Accordingly, IA No.10006 of 2019 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) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
pd
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Signed by: PAWAN
DHARKAR
Signing time: 2/10/2023
6:24:23 PM
