Compoter Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 820 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 9349 of 2022 (COMPOTER SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 13-01-2023 Shri D.R. Sharma - Advocate for the appellants.

Shri N.S. Tomar - Public Prosecutor for the State. Heard on I.A.No.153/2023, which is firs t application filed under Section 389 (1) of Cr.P.C for suspension of sentence and grant of bail on behalf of appellants No.2 and 5, namely, Bijjo @ Bijendra Singh and Manoj.

The appellant No.2- Bijjo @ Bijendra Singh and appellant No.5- Manoj

Gurjar have been convicted under Section 397 of IPC and Section 11/13 of MPDVPK Act and sentenced to suffer eight years RI with fine of Rs. 2000/- with default stipulation vide judgment dated 24/09/2022 passed in SC DOCT No.200059/2015 by Special Judge (MPDVPK Act), Joura, District Morena.

As per prosecution case, on 31.7.2011 at about 12:00 P.M. when the complainant was grazing his buffaloes in field at Dagaria Pura Mouje, co- accused Pappu alias Lohia and Udayveer Nuhangi came armed with an axe, co- accused Kompoter, appellants Bijjo and Manoj came with sticks and started taking away buffaloes of the complainant, and when he stopped the accused

persons from doing so, they started hurling that they are taking revenge to him. When he protested, all of them came and Bunty caused injury by means of axe in the right leg of the complainant. Pappu alias Lohia assaulted him by means of axe in left leg. Appellants Compoter, Bijjo and Manoj assaulted him by means of sticks. There were injuries found on both the thighs, both elbows, back, chest, fingers of left hand, right knee, left shoulder of the complainant and he fell down. On the basis of aforesaid complaint, the FIR has been registered

against the appellants.

It is submitted by the counsel for the appellants that the present appellant No.2- Bijjo @ Bijendra Singh s/o Maniram Gurjar and appellant No.5- Manoj Gurjar s/o Maniram Gurjar have already suffered jail incarceration of about 7 months and 11 months respectively and the fine amount has already been deposited. It is submitted by the counsel for the appellants that from both the appellants, lathi had been recovered and there is no allegation of assault so far as appellant No.5- Manoj Gurjar is concerned and an omnibus allegation against appellant No. 2- Bijjo @ Bijendra Singh is only of causing injury by means of lathi on left hand. Learned counsel for the appellant further submits that

ingredients of Section 397 of the IPC is not made out against the present appellants. Therefore, the conviction is bad in law. Learned Counsel for the appellant further submits that hearing of appeal is likely to take time. Therefore, he prays for suspension of jail sentence.

Per contra, the application is opposed by the Counsel for the State by submitting that appellants have actively participated in the alleged crime.

Considering the rival contentions of parties coupled with the fact that the jail sentence of appellant No.2- Bijjo @ Bijendra Singh and appellant No.5- Manoj Gurjar has already been suspended during Trial and they have already suffered jail incarceration of 7 and 11 months respectively and the fact that there are omnibus allegations against the appellants of assaulting the injured, without commenting upon merits of the case, the application for suspension of sentence is allowed. On furnishing the personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to t h e satisfaction of the Trial Court/CJM/Remand Magistrate (Whosoever is available), the remaining jail sentence shall remain suspended and the appellants

shall be released on bail.

This order shall remain in force, till the conclusion of the present appeal. In case of bail jump or violation of any of the condition, mentioned above, this bail order shall automatically lose its effect.

The appellant No.2- Bijjo @ Bijendra Singh and appellant No.5- Manoj Gurjar shall appear before the Registry of this Court on 15.02.2023 and on all other dates, which may be given by the Registry in this behalf.

List for final hearing in due course.

(MILIND RAMESH PHADKE) JUDGE

Adnan

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

RAHMA st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe5 47304e1bc26d2b510cc133f1b56faa63e77 b, pseudonym=352E5BC6169A1C65270B76

N C8214AD91A9A2E28EB, serialNumber=1B0EA1B496C965067285A 628B81AE07B60D342048B7853E6108263 F1DDCC0F50, cn=ABDUR RAHMAN Date: 2023.01.16 13:38:15 +05'30'