Niranjan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 10511 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 112 of 2015
             (NIRANJAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 10-07-2023
      Shri R. K. Sharma - Senior Advocate with Shri V. K. Agarwal-

Advocate for the appellant No.8-Badan Singh.
      Shri Lokendra Shrivastava- Public Prosecutor for the respondent-State.

Heard on IA. No. 11375 of 2023, which is third repeat application under Section 389 (1) of Cr.P.C. seeking suspension of sentence and grant of bail moved on behalf of appellant No.8- Badan Singh. His last application (IA No.

5864/2016) was dismissed as withdrawn vide order dated 28.11.2016.

Appellant No.8-Badan Singh stood convicted under Section 302/149 of IPC and sentenced to undergo life imprisonment with fine of Rs.10,000/-; under Section 307/149 IPC and sentenced to seven years RI with fine of Rs.2000/-, with default stipulations vide judgment of conviction and order of sentence dated 29.01.2015 passed by Additional Sessions Judge, Gohad, District Bhind in Sessions Trial No.141/2011.

Appellant No.8-Badan has so far undergone jail incarceration of 12 years 4 months .

A s per prosecution story, on 20.11.2010 at about 7:30 am, while complainant Vikram Singh (PW-1) along with his brother Kalyan Singh (since deceased) were putting cow dung near the house of Kaptan Singh at that time co-accused Anil armed with lathi, Yogendra Singh with 315 bore country made pistol, Surendra Singh and Badan Singh with mouser gun, Niranjan and Narayan with lathi, Ashok with 12 bore double barrel gun, with common intention and motive reached the spot and started beating deceased Kalyan Singh dragging

him to the house of Kaptan Singh. When complainant came to rescue Kalyan Singh, he suffered injuries at the hands of Anil and Pulinder with lathi and axe on the head, nose, face and other parts of the body. His younger brother Kalyan Singh suffered gunshot injury on thigh, neck and back. Thereafter, he fell down resulting into homicidal death. Based whereupon, FIR was registered at Crime No.251/10 at Police Station Gohad (Ex.P-2). Upon collection of relevant material and witnesses, challan was filed. Thereafter, case was committed to the Sessions Court for trial. The Sessions Court upon critical evaluation of the evidence placed on record has convicted and sentenced appellant No.8 along with other co-accused persons as referred above.

Shri Sharma, learned senior counsel for the appellant, while taking exception to the impugned judgment, submits that it is a case of false implication. The impugned judgment suffers from perversity of approach and rests upon surmises and conjectures. There are omnibus statements against all the accused persons. Eye-witnesses Ummed Singh (PW-3) and Sonu (PW-5) in their statement recorded before the Court have stated that present appellant Badan Singh had fired gun shot causing injury over thigh of Kalyan Singh. Co- accused Surendra Singh, against whom there is allegation of causing gun shot injury over neck of the deceased, has already been extended benefit of suspension of jail sentence The appeal is of the year 2015 and there is no likelihood of early hearing of this appeal in the near future. Hence, on the ground of parity with co-accused Surendra Singh, learned counsel prays for suspension of sentence and grant of bail to appellant No.8.

Per contra, Mr. Lokendra Shrivastava, learned Public Prosecutor opposed the application with submission that the involvement of appellant No.8 in crime is reflected from the statements of the eye-witnesses and he has caused

gun shot injury to the deceased. Hence, he is not entitled for grant of suspension of sentence.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case, but regard being had to the fact that appellant No.8 has already suffered jail incarceration of about 12 years 4 months and that appeal is of the year 2015 and there is no likelihood of early hearing of the appeal, appellant No.8-Badan Singh is held entitled for suspension of jail sentence.

Accordingly, it is directed that the jail sentence of the appellant No.8- Badan Singh shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount.

Accordingly, IA No. 11375 of 2023 stands allowed.

Appellant No.8 is directed to appear before the Registry of this Court first on 04/09/2023 and on other subsequent dates as may be fixed in this behalf.

Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

  (ROHIT ARYA)                                      (SATYENDRA KUMAR SINGH)
     JUDGE                                                   JUDGE

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                             YOGESH VERMA
                             2023.07.11
          VALSALA
          VASUDEVAN
          2018.10.26
          15:14:29 -07'00'
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