Madhya Pradesh High Court
Sukhram vs The State Of Madhya Pradesh on 7 July, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1697 of 2017
(JEEVANLAL Vs THE STATE OF MADHYA PRADESH)
CRA No. 4667 of 2017
(RAMCHANDRA & OTHERS Vs THE STATE OF MADHYA PRADESH)
CRA No. 1718 of 2017
(SUKHRAM Vs THE STATE OF MADHYA PRADESH)
Dated : 07-07-2023
Ms. Sharmila Sharma, learned counsel for the appellant
-Jeevanlal in Cr.A. No.1697/2017.
Shri Sanjay Kumar Sharma, learned counsel for the appellant
-Ishwar in Cr.A. No.4667/2017.
Shri Dinesh Kumar Tiwari, learned counsel for the appellant-
Sukhram in Cr.A. No.1718/2017.
Shri Kamal Kumar Tiwari, learned G.A. for the
respondent/State.
Heard on I.A. No.6656/2023, which is repeat third application
filed under Section 389 of Cr.P.C. for suspension of jail sentence and
grant of bail moved on behalf of the appellant -Jeevanlal in Cr.A.
No.1697/2017 as well as on I.A. No.6630/2023, which is second
application filed under Section 389 of Cr.P.C. for suspension of jail
sentence and grant of bail moved on behalf of the appellant -Ishwar in
CRA No.4667/2017 and on I.A. No.9995/2023 which is first
application filed under section 389 of Cr.P.C. for suspension of jail
sentence and grant of bail moved on behalf of the appellant-Sukhram
in Cr.A. No.1718/2017.
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 10-07-2023
19:51:32
2. Learned Trial Court has convicted and sentenced the
present appellants, vide judgment of conviction and order of sentence
dated 31.08.2017 passed by the Special Judge, SC/ST (Prevention of
Atrocities) Act & Additional Sessions Judge, Ratlam in S.T.
No.268/2010 as under :-
S. Fine
Conviction Sentence In default
No. Amount
RI for 01
1 148 of IPC RI for 02 years Rs.500/-
month
RI for 02
2 307/149 RI for 07 years Rs.700/-
months
Life RI for 03
3 302/149 Rs.1,000/-
imprisonment month
3. First application for suspension of jail sentence of
appellant - Jeevanlal was dismissed as withdrawn vide order dated
29.06.2018 and second application was dismissed on merits vide order
dated 15.03.2019. First application of appellant-Sukhram was
dismissed on merits vide order dated 26.02.2020.
4. As per prosecution case, on 18.07.2010, at about 9.00
AM, complainant Madiya and his family members Toliya, Madibai,
Amarsingh, Luna, Narbadi, Kamli and Tibubai were working in their
agricultural land. Due to land dispute, Co-accused persons Jalu and
Dilip and Ramchandar along with present appellants Ishwar, Sukhram
and Jeevanlal came there. The accused Jalu assaulted the deceased
Toliya @ Tolam on his head and both legs by means of an axe. Co-
accused Ramchandar assaulted Amra on his head and left chest by
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 10-07-2023
19:51:32
means of sword. Appellant Ishwar assaulted Madibai on her both
hands and legs by means of lathi. Appellant-Sukhram assaulted Luna
on his head and back by means of sword. Appellant-Jeevanlal and co-
accused Dilip had also assaulted the aforementioned persons by means
of sticks. Due to the injuries, the deceased Toliya had died and Amra
received fracture on his right ring finger and 5th rib.
5. Learned counsel for the appellants submit that co-accused
persons Dilip and Jalu were granted the benefit of bail and their jail
sentence were suspended vide order dated 03.04.2023 passed in Cr.A.
No.4667/2017 and in Cr.A. No.1718/2017. Case of the present
appellants are identical therefore, the present appellants are also
entitled for suspension of jail sentence and grant of bail. Appellant-
Jeevanlal was in custody from 05.08.2010 to 07.07.2011, and after the
date of judgment i.e. 31.08.2017. Appellant-Sukhram was in custody
from22.07.2010 to 12.10.2010 and after the date of judgment i.e.
31.08.2017. Appellant-Ishwar was in custody from 22.07.2010 to
22.12.2010 and after the date of judgment i.e. 31.08.2017. Therefore
prayer is made for suspending the jail sentence of the appellants and
grant bail.
6. On the other hand learned Govt. Advocate for the
respondent/State has opposed the prayer of the appellants but has not
disputed the similarity of the present appellants with the co-accused
persons Dilip and Jalu who were granted bail.
We have heard learned counsel for the parties and perused the
record.
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 10-07-2023
19:51:32
7. It is not disputed by the learned Govt. Advocate that case
of the present appellants are identical with the co-accused persons
Dilip and Jalu therefore, present appellants are also entitled for
suspension of jail sentence and grant of bail on the basis of similarity
therefore, without expressing any opinion on the merits of the case,
I.A. No.6656/2023, I.A. No.6630/2023 and I.A. No.9995/2023, are
allowed and the jail sentence of present appellants-Jeevanlal,
Sukhram and Ishwar shall remain suspended.
8. It is directed that subject to depositing the fine amount, if
already not deposited, appellants-Jeevanlal, Sukhram and Ishwar
shall be released on bail, on furnishing personal bond in the sum of
Rs.50,000/- (Rupees Fifty thousand only) each alongwith solvent
surety each in the like amount to the satisfaction of Trial Court, for
their appearance before the Registry of this Court firstly on
04.09.2023, and on such other dates, as may be fixed by the Registry
in this regard, till final disposal of this appeal.
9. In view of aforesaid, I.A. No.6657/2023, I.A.
No.6631/2023 applications for urgent hearing stands disposed of.
10. List the matter for final hearing in due course.
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
Ajit/-
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 10-07-2023
19:51:32
