Munna Lal vs The State Of Madhya Pradesh Thr.
2023 Latest Caselaw 10586 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 121 of 2016
                                            (MUNNA LAL Vs THE STATE OF MADHYA PRADESH THR.)

                          Dated : 11-07-2023
                                Shri A.K. Jain - Advocate for the appellant.

                                Shri Rajesh Shukla -Additional Advocate General for respondent/State.

Heard o n I.A. No.12343 of 2023, which is second repeat application under Section 389(1) of Cr.P.C. moved on behalf of sole appellant - Munnalal seeking suspension of sentence and grant of bail. His first application (IA.5413

of 2018) has been dismissed as withdrawn vide order dated 12.07.2019.

Appellant- Munnalal stood convicted under Section 302/34 IPC and sentenced to undergo imprisonment for life with a fine of Rs.3,000/- with default stipulation vide judgment of conviction and order of sentence dated 30.09.2015 passed by I Additional Sessions Judge, Mungaoli, District Ashok Nagar (M.P.) in Sessions Trial No.178/2011.

Co-accused Rabudi bai has been extended the benefit of suspension of sentence and grant of bail vide order dated 20.06.2016 (IA.3603/2016) whereas co-accused Kalla on 04.07.2023 (IA.11151/2023) (in Criminal Appeal No.760

of 2014).

Present appellant has so far undergone incarceration of 09 years and 07 months.

A s per prosecution story, co-accused Kalla had love affair with one Rajbai daughter of Shrilal (for brevity "the deceased"). The deceased had taken strong exception thereto and as a result objected to such relationship. Despite that Rajbai and Kalla used to meet. In the aforesaid backdrop, accused/appellant Munnalal and co-accused persons had developed animosity Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 7/11/2023 7:33:14 PM

with the deceased. On the fateful day i.e. on 26.08.2011 in the evening at about 06 when the deceased was going on motorcycle from Piparai to his village Karr, he was intercepted near the school in village Karr by Munnalal armed with lathi, Kalla with iron rod, Omprakash Farsa and Rabudi Bai with wooden stick. They started hurling abuses and assaulting the deceased indiscriminately, as a result whereof the deceased fell down on the ground and died homicidal death. On such allegations, FIR was lodged. Upon completion of investigation, challan was filed and thereafter, the case was committed for trial to the Sessions Court. The Sessions Court upon critical evaluation of the evidence placed on record convicted and sentenced the appellant as referred above.

Learned counsel for the appellant while taking exception to the impugned judgment of conviction and order of sentence, inter alia, raised following grounds for suspension of sentence and grant of bail to present appellant:-

1. That appellant has already suffered incarceration of 09 years and 07 months; and

2. Co-accused Rabudi bai who allegedly was armed with wooden stick and had assaulted the deceased on different parts of his body vide order dated 20.06.2016 and co-accused Kalla who was the main accused allegedly wielding iron rod at the time of incident and assaulted the deceased on his head, vide order dated 04.07.2023 (in Criminal Appeal No.760 of 2014) have already been extended the benefit of suspension of sentence and grant of bail. Thus, on both the grounds i.e. long incarceration as well as on the ground of parity, learned counsel for the appellant prays that the sole appellant in the instant appeal may also be extended the benefit of suspension of sentence and grant of bail.

Per contra, Shri Shukla- learned Additional Advocate General opposes

Signature Not Verified the application supporting the judgment impugned with submission that the Signed by: PAWAN DHARKAR Signing time: 7/11/2023 7:33:14 PM

present appellant and the other co-accused with common intention and motive had not only intercepted the deceased but also assaulted him indiscriminately resulting into his homicidal death. Moreso, the impugned judgment of conviction and order of sentence is based on critical evaluation of the evidence available on record and hence, no exception can be taken in the matter of suspension of sentence and grant of bail to the appellant.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions touching merits of the matter, regard being had to the fact that present appellant has suffered long incarceration of nine years and seven months as aforesaid and since co-accused Rabudi bai vide order dated 20.06.2016 and co-accused Kalla vide order dated 04.07.2023 (in Criminal Appeal No.760 of 2014) have been extended the benefit of suspension of sentence and grant of bail, the application deserves to be allowed.

Accordingly, we allow the application and it is directed that the jail sentence of appellant-Munnalal 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. Appellant-Munnalal is directed to appear before the Registry of this Court first on 05/09/2023 and on other subsequent dates as may be fixed in

this behalf with following further conditions:-

( i) the concerned jail authorities are directed that before releasing appellant-Munnalal, his medical examination be conducted through the jail doctor and if it is prima facie found that he is having any symptom of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, appellant-Munnalal shall be released on bail in terms of the conditions imposed in this Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 7/11/2023 7:33:14 PM

order ;

(ii) violation of conditions, State is free to apply for cancellation of bail.

Accordingly, I.A. No.12343 of 2023 stands allowed and disposed of.

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)                                 (SANJEEV S KALGAONKAR)
                                  JUDGE                                              JUDGE

                          pd




Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 7/11/2023
7:33:14 PM