Vikram Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2738 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 851 of 2022
                                         (VIKRAM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-02-2023
                                 Shri Ankit Saxena and Shri Satyam Agrawal - Advocates for the

                           appellant.
                                 Ms. Mamta Mishra - Panel Lawyer for the respondent/State.

IA No.13671/2022is taken up.

This is the first application under Section 389(1) of CrPC for suspension

of custodial sentence of applicant No.3 Himmat Singh & applicant No.4 Babulal @ Chhotelal who stand convicted for offence punishable under Section 307 read with Section 34 of IPC and have been sentenced to undergo R.I. for 10 years with fine of Rs.500/- with default stipulation.

2. At the outset, learned counsel for the appellants claimed parity of the case of Babual @ Chhotelal with the case of Vikram and Mahesh Kumar whose jail sentence has been suspended vide order dated 13.06.2022.

3. Learned Panel Lawyer fairly admitted the parity claimed by the appellants.

4. Relying on the statement of Ms. Mishra, learned Panel Lawyer, the application qua [email protected] is allowed.

5. Qua Himmat Singh, learned Panel Lawyer has pointed out the injury No.4 of Kripal Singh (PW-2) which is incised wound on left temporal region of 12 x 05 x bone deep size. It is also argued that allegedly this injury was caused by Himmat Singh by Tangia; a sharp object.

6. Learned counsel for the applicant referred to Para 15 of the impugned judgment to point out that no abnormality was detected in the CT Scan of head Signature Not Verified Signed by: VIBHA PACHORI Signing time: 2/15/2023 12:23:47 PM

of Kripal Singh. Further it is argued by learned counsel for the appellant that this is a case of free fight. Both the parties belong to the same village and are neighbours. Both parties have caused injuries to each other. Trial of cross case is still pending. Members of appellant's party have also sustained injuries. Offence has not been committed intentionally as the disputed erupted on account of parking a motorcycle obstructing the way. Elements of per- meditation and preparation lack in this case and the dispute erupted all of sudden.

7. It is further submitted that the appellants have been falsely implicated. The appeal would take time to be heard finally. The appellants are ready to

furnish adequate surety and to abide by all the directions and conditions as may be imposed by the Court. On these grounds, prayer is made to suspend the sentence of the appellant No.3 Himmat Singh and applicants No.4 Babulal.

8. I have heard the submissions of learned counsel for the parties and have perused the record.

9. Having regard to the nature of dispute and nature of allegations made against the appellant- Babulal, coupled with period of custody and the other evidence available on record, I deem it appropriate to suspend the sentence of the applicant Nos.3 and 4. Therefore, without commenting on the merits of the case, I.A. No.13671/2022 is allowed.

10. It is directed that on depositing the entire fine amount, if not deposited so far, and also on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) each with separate solvent sureties each in the like amount to the satisfaction of the trial Court for their appearance before the Trial Court on 13.03.2023 and on all other subsequent dates as may

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 2/15/2023 12:23:47 PM

be fixed by the concerned Court in this behalf, the execution of substantial jail sentence imposed on applicant No.3 Himmat Singh and appellant No.4 - Babulal shall remain suspended, till final disposal of this appeal.

11. In the event of non-appearance of the appellants/applicants, the trial Court shall be at liberty to take coercive action against them to secure their presence under intimation to this Court.

12. Let the appeal be listed for final hearing in due course.

(VIRENDER SINGH) JUDGE

vibha

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 2/15/2023 12:23:47 PM