Piriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 2885 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 109 of 2023 (PIRIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 16-02-2023

Shri C.P. Purohit - Advocate for appellants.

Shri Vishal Sanothiya - GA for State.

Heard on admission.

The appeal is admitted for final hearing. Als o heard on IA No.100/2023 which is first application u/S.389 of

Cr.P.C for suspension of sentence of appellants Piriya, Jeevna, Dharma @ Dharmendra, Mangla, Amru, Insuda, Goutam, Devu, Narsingh and Jagji @ Jagdish.

The appellants have been convicted u/Ss.148, 436/149 and 452/149 of IPC and respectively sentenced to undergo RI for three years with fine of Rs.1000/-, seven years RI with fine of Rs.1000/- and five years RI with fine of Rs.1000/- with default stipulation.

Counsel for appellants submits that as per the prosecution case, one Partha (PW.1) lodged a report on 23.11.2007 to the effect that a quarrel had

taken place on 22.11.2007 between 'Dama Family' and 'Dindor Family' of his village and due to that animosity, about 67 persons armed with deadly weapons and inflammable goods, kerosene oil, grass bundle etc. ablazed fire on the huts. About 34 dwelling houses have been burnt.

Counsel for appellants submits that the matter was compromised even during trial. He referred to para three of the impugned judgment to state that except one complainant Hurtan, all the complainants have compromised the matter. The damage caused to the complainants have been compensated. It is Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 16-02-2023 17:29:49

further submitted that the appellants have been convicted with the aid of Sec.149 of IPC and omnibus allegations have been made. In all 59 persons have been convicted. Incident is said to have taken place in the year 2007 and the appellants were on bail during trial. They did not misuse the liberty.

Counsel for State opposed the prayer.

Considering the aforesaid submissions, the IA No.100/2023 is allowed. The substantive jail sentence of the appellants Piriya, Jeevna, Dharma @ Dharmendra, Mangla, Amru, Insuda, Goutam, Devu, Narsingh and Jagji @ Jagdish. is suspended upon depositing the fine amount, if not already deposited, and on each of them furnishing bail bond of Rs.50,000/- with one

separate surety in the like amount to the satisfaction of the trial court for appearance before the Registry of this Court on 05.08.2023 and on the subsequent dates as may be fixed in this behalf by the Registry.

(VIJAY KUMAR SHUKLA) JUDGE

VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 16-02-2023 17:29:49