Amit @ Rinku vs The State Of Madhya Pradesh
2023 Latest Caselaw 3338 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                     CRA No. 11637 of 2022
                                        (AMIT @ RINKU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 23-02-2023
                                 Shri Vikas Rathi, learned counsel for the Appellant.

                                 Shri K. K. Tiwari, learned G.A. for respondent/State.

Heard on I.A. No.15988/2022, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C filed on behalf of the Appellant No. 4- Mohanlal.

T h e Trial Court has convicted the appellant under Section 302 r/w Section 149 of IPC and sentenced to undergo Life Imprisonment with fine of Rs. 200/- and Section 307 r/w Section 149 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs. 200/ (three counts)- with default stipulation, vide judgment of conviction and order of sentence dated 30.11.2022 passed by Additional Sessions Judge, Nagda District- Ujjain (M.P.) in S.T. 400327/2010.

As per prosecution case, on 18.05.2010 at about 6:10 pm, Munnalal (PW-1) and his niece/ deceased Anil were talking amongst them at Nakoda Dairy Paliya Road, District-Ujjain. At that time, co-accused persons Neelesh

with pistol, Hemraj with sword, Vakkalal with farsa, Amit and Rajababu with lathis and present appellant- Mohanlal also with lathi came there and due to old animosity, co-accused Nilesh fired pistol three times on deceased Anil and other co-accused and present appellant also assaulted the deceased by their weapons. Co-accused Nilesh also fired from pistol on Rani (PW-2), Sanjay (PW-4) and Munnalal (PW-1). Rani (PW-2) and Sanjay (PW-4) received injuries on their left hand and right leg respectively. Munnalal had bent down hence he was not hit by the bullet, due to injury deceased Anil had died. On the Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 24-02-2023 16:10:47

same day, an FIR (Ex. P-1) was lodged at Police Station Nagda, on the basis of information given by Munnalal (PW-1).

Learned counsel for the appellant submits that he has not committed any offence and he has falsely been implicated in the case. During postmortem, any injury caused by lathi was not found on the body of the deceased. Sanjay (PW-4) has not supported the case of prosecution. Munnalal (PW-1) in paragraph 24 of cross-examination has admitted that he had not seen the incident. The specific act attributed by the appellant in the incident has not been stated by Rani (PW-2). Therefore, commission of the offence by the present appellant is not proved and only on the basis of presence at spot, he cannot be

convicted for the alleged offence.

It is further submitted that during trial, the present appellant was on bail and he is in custody since the date of judgement i.e., 30.11.2022. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that remaining sentence may be suspended and the appellant may be released on bail.

Learned Govt. Advocate for the respondent/State opposes the prayer of appellant and prays for rejection of application for suspension of sentence.

We have heard learned counsel for both the parties and perused the record.

Considering the evidence of injured witnesses Munnalal (PW-1), Rani (PW-2), Sanjay (PW-4) and also considering the other evidence available on record, coupled with the fact that final hearing of this appeal is not possible in near future. Therefore, we are inclined to suspend the remaining jail sentence of appellant.

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 24-02-2023 16:10:47

Accordingly, I.A. No.15988/2022, is allowed.

I t is directed that subject to depositing the fine amount, if already not deposited, Appellant No.4- Mohanlal shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 05.04.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

                              (S. A. DHARMADHIKARI)                        (PRAKASH CHANDRA GUPTA)
                                       JUDGE                                        JUDGE

                           Vatan




Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 24-02-2023
16:10:47