Madhya Pradesh High Court
Raghunath Singh vs The State Of Madhya Pradesh on 11 January, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 11047 of 2022
(RAGHUNATH SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 11-01-2023
Shri Brajesh Kumar Sharma - Advocate for the appellants.
Shri B.M.Shrivastava- Public Prosecutor for the respondent/State.
Heard on I.A. No.20365/2022, first application under Section 389 (1) of
the Cr.P.C. for suspension of sentence and grant of bail filed on behalf of
appellants No.2, 5 and 6 - Nihal Singh, Sukhveer Singh and Sandeep @
Kaju respectively.
This criminal appeal under Section 374 of the Cr.P.C. has been preferred
by the appellants against the judgment dated 18/11/2022 passed by First
Additional Sessions Judge, Sabalgarh, District- Morena (M.P.) in S.T.
No.100379/2014. The appellants have been convicted under Section 307/149 of
the I.P.C. and sentenced to undergo five years R.I. with fine of Rs.500/-,
Section 323/149 of the I.P.C. (on two counts) and sentenced to undergo six
months R.I. with fine of Rs.500/- and Section 147 of the I.P.C. and sentenced
to undergo one year R.I. with fine of Rs.500/- with default stipulation.
It is the submission of learned counsel for the appellants that trial Court
erred in convicting and awarding the jail sentence to the appellants. He referred
the testimony of Dr. S.R. Singhal (PW-1) to bring home the fact that injured
witness- Rakesh (PW-2) sustained two injuries which were simple in nature and
said fact gets corroborated with the testimony of injured witness himself namely
Rakesh Singh (PW-2) who refers the allegations qua present appellants
regarding 'Marpeet' with 'Lathi'. Therefore, appellants No.2, 5 & 6 inflicted
simple injuries to the injured witness. Confinement is anathema to the principle
of personal liberty. Fine amount has already been deposited. Appellants have
good case on merits and early hearing of appeal is bleak possibility. Learned
counsel fairly submits that if appellants are released on bail, then they shall abide
by all conditions imposed by this Court. Appellants shall not be source of
embarrassment and harassment to the complainant party in any manner. Co-
accused- Raghunath Singh has already been extended the benefit of suspension
of sentence and granted the bail vide order dated 08/12/2022 by the Coordinate
Bench of this Court. Looking to the nature of allegations their case may be
considered for suspension of sentence and grant of bail.
Learned Public Prosecutor for the respondent/State opposed the
application and prayed for its dismissal.
Heard the learned counsel for the parties and perused the record.
Looking to the submissions made by learned counsel for the parties as
well as the fact that final hearing of this appeal would take some time,
application I.A.No.20365/2022 is hereby allowed.
If appellants furnish bail bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) each along with one solvent surety each of the like amount to
the satisfaction of the trial Court. They shall appear before the Principal
Registrar of this Court on 13-02-2023 and on all other subsequent dates as
may be fixed by the Office for appearance, then they shall be released on bail
and execution of jail sentence is suspended till disposal of this appeal subject to
payment of fine.
I.A.No.20365/2022 stands disposed off.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL)
Digitally signed by RAHUL SINGH PARIHAR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,
ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,
JUDGE
rahul
postalCode=474001, st=Madhya Pradesh,
2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cd
e4dee473fe77953f5,
pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487,
serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB
9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR
Date: 2023.01.13 11:49:32 +05'30'
