Dharmendra Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 398 MP

                                  1

        IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                Criminal Appeal No. 6319 of 2019

Dated: 06-01-2023

      Shri D. R. Sharma- Advocate for the appellant.

      Shri Pramod Pachauri- Public Prosecutor for the respondent/State.

Per Justice Deepak Kumar Agarwal

Heard on IA No.16358 of 2022, first application under Section 389(1)

of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant No. 1 Dharmendra Sharma, appellant No.2 Shivchandan Sharma and

appellant No.4 Dinbandhu Sharma.

In brief, prosecution case is that 30.09.2017 at 7.00 pm complainant

Brijkumar lodged a dehati nalishi with police station Myana, District Guna

against present appellants-accused, 13 named & 10 unnamed persons at District

Hospital Guna, alleging therein that his father was sitting at his house at 3.00

pm and talking with his relative Gopal. At that time, appellants along with

aforesaid accused and 10 unknown persons due to previous enmity dated

25.9.17 with common intention entered the house and started abusing him and

thereafter committed ''marpeet'' with his father. When mother Raj Bai and sister

Sabita Bai came to intervene there, they also committed ''marpeet'' with them.

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR Criminal Appeal No. 6319 of 2019

100 number was dialed thereafter. The father of complainant was brought to

hospital. During treatment, he died due to aforesaid injury. Dehati nalishi under

Sections 147, 148, 149, 294, 302, 452 of IPC and Section 3(2)(v) of S.C.S.T.

was recorded and thereafter, offence was registered. Dead body panchnama

was prepared. Postmortem was conducted. The appellants accused along with

co-convicted accused was arrested. After completion of due investigation,

charge sheet was filed.

After conclusion of trial, the appellants along with other co-convicted

accused has been convicted by Special Judge (S.C.S.T. Act), District Guna vide

judgment dated 01.06.2019 in SPL Case No.160/2017 for offences under

Sections 459, 147, 148, 323/149 (three counts) and 302/149 of IPC r/w Section

3(2)(v) of S.C.S.T. Act and sentenced them accordingly with default

stipulations.

It is submitted by counsel for the appellants that during trial the

appellants was on bail and they have not misused the liberty granted to them.

Fine amount has already been deposited. The appellants have already suffered

near about five years of jail incarceration. The appeal is of the year 2019 and

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR Criminal Appeal No. 6319 of 2019

final outcome of appeal will take some time. It is further contended that

execution of jail sentence of co-convicted accused Anurag Sharma, Pintu alias

Praveen Sharma, Shivkumar Sharma, Mithun Sharma and Rishu Sharma have

already been suspended by this Court vide order dated 02-09-2022 passed in

CRA No.6319 of 2019, vide order dated 16.09.2022 passed in Cr.A.5342/2019

and vide order dated 14-10-2022 passed in Criminal Appeal No.6319 of 2019.

Therefore, prayed for suspension of sentence of present appellants.

Per contra, the learned counsel for the State opposed the application and

prayed for its rejection.

Considering the aforesaid facts and circumstances of the case as well as

maintaining the parity and the fact that the present appellants have suffered

more than five years of jail incarceration and there is no possibility of early

hearing of appeal in near future, but without expressing any opinion on the

merits of the case, it is directed that the jail sentence of appellant No. 1

Dharmendra Sharma, appellant No.2 Shivchandan Sharma and appellant

No.4 Dinbandhu Sharma. shall remain suspended and they be released on bail

subject to depositing the amount of fine (if not already deposited) and on

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR Criminal Appeal No. 6319 of 2019

furnishing a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand

only) each with one solvent surety each in the like amount to the satisfaction of

the trial Court. The appellants are directed to appear before the Registrar of this

Court first on 12th April, 2023 and on other subsequent dates as may be fixed

by the Office in this regard.

IA stands disposed of..

CC as per rules.

                 (Rohit Arya )                                                          (Deepak Kumar Agarwal)
                   Judge                                                                         Judge



MKB




      MAHENDRA
                   Digitally signed by MAHENDRA BARIK

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=8c6d4d6122d7ee987e457a3bec5922cacbc050c998981397a35d9

BARIK 758a2b55074, pseudonym=61167CBF346371FDA4919D07819090142FCCA056, serialNumber=AB90F893988F10D718DA01F8065D87F25DDC9B6C8C3FF0 E5E280DD36D476F6BA, cn=MAHENDRA BARIK Date: 2023.01.07 13:26:52 +05'30'