Madhya Pradesh High Court
Toran Singh vs The State Of Madhya Pradesh on 14 July, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4612 of 2018
(TORAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 14-07-2023
Shri R. K. Sharma, learned Senior Counsel with Shri V.K. Agarwal,
learned counsel for the appellant No.5-Kamal Singh.
Shri R. K. Awasthy, learned Public Prosecutor for the respondent/
State.
Heard on I.A. No.11477 of 2023, which is the third application
under Section 389 (1) of Cr.P.C seeking suspension of sentence and grant
of bail moved on behalf of appellant No.5-Kamal Singh.
Appellant-Kamal Singh stood convicted under Section 302/149 of
IPC and sentenced to undergo imprisonment for life with a fine of
Rs.2000/- in default to suffer SI for six months. He is also convicted
under section 148 of the IPC but sentenced to undergo R.I. for 2 years
with fine of Rs.500/- in default to suffer SI for 3 months.
Present appellant has so far undergone incarceration of about 09
years and 10 months including the period spent during trial.
Prosecution story as found proved is that on 29.10.2012 at about
7.00 when deceased Rajesh was going alongwith his brother-in-law Vikas
(P.W.2) on a motorcycle, the accused persons intercepted his motorcycle
near Kakrawada village. Accused Manoj was armed with farsa while
Deepak and Kamal Singh (present appellant) had axes and Toran Singh
and Chaturbhuj were having lathis. The appellant and other co-accused
persons caught hold of his motorcycle from behind. Rajesh was assaulted
by co-accused Manoj by means of Farsa from behind on his head while
Deepak and present appellant caused axe blows to him. Blood started
oozing out and the motor cycle fell down. All the accused persons
including present appellant started assaulting Rajesh, while Chaturbhuj and
Toran said that the deceased would not be spared alive as he was not
entering into compromise. The accused persons kept on assaulting till
they detected that there was no movement in his hands and legs.
Thereafter they fled away. Being terrified Vikas anyhow reached the house
of Randheer Singh passing through agricultural fields. Thereafter report
(Ex.P/2) was lodged. Next day police prepared the spot map and plain and
blood stained soil seized from the spot. On the basis of the aforesaid
criminal law was set into motion. The Trial Court upon critical evaluation
of the evidence placed on record convicted and sentenced present
appellant as referred above.
Learned senior counsel for appellant No.5-Kamal Singh while
taking exception to the impugned judgment of conviction and order of
sentence submits that appellant No.5 i s innocent and has falsely been
implicated. There are material contradictions and omissions in the evidence
of prosecution witnesses.The entire conviction is based upon the sole
testimony of Vikas (P.W.2) who is not reliable witness. He further submits
that co-appellant Manoj, against whom there is allegation that he had
caused farsa blow, has already been extended benefit of suspension of
sentence. The present appellant has already suffered jail incarceration for
about 09 years and 10 months and disposal of appeal is likely to take time.
Hence, learned counsel prays for suspension of sentence and grant of bail
on behalf of appellant on the ground of parity with co-accused Manoj.
Per contra, learned Public Prosecutor for the respondent-State
opposes the application supporting the impugned judgment and prays for
dismissal of the present application.
Up o n hearing learned counsel for the parties, though this Court
refrains from commenting upon rival contentions so advanced touching
merits of the case, regard being had to the fact that present appellant has
suffered incarceration of about 09 years and 10 months and looking to the
fact that the present appeal is of the year 2018 and there is no likelihood of
early hearing of the appeal, coupled with the facts that co-accused Manoj
has already been extended benefit of suspension of jail sentence, in the
obtaining facts and circumstances, appellant No.5 is held entitled for
suspension of jail sentence.
Accordingly, this court allows I.A.No. 11477 of 2023 and it is
directed that the jail sentence of appellant No.5 - Kamal Singh shall
remain suspended during pendency of present appeal and he be released
on bail on his furnishing a personal bond in the sum of Rs.1,50,000/-
(Rupees One Lakh and Fifty Thousand 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 No.4 is directed to
appear before the Registry of this Court first on 13.09.2023 and on other
subsequent dates as may be fixed.
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) (MILIND RAMESH PHADKE)
JUDGE JUDGE
yog
YOGESH
VERMA
2023.07.14
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
19:33:32
+05'30'
