Madhya Pradesh High Court
Rinku @ Narendra vs State Of M.P. on 17 July, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 780 of 2012
(RINKU @ NARENDRA Vs STATE OF M.P.)
Dated : 17-07-2023
Shri A. K. Jain, learned counsel for the appellant.
Shri A. K. Nirankari, learned Public Prosecutor for the respondent/State.
Heard o n I.A.No. 16422/2022, tenth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail filed on behalf of
sole appellant-Rinku alias Narendra. His last application (IA No. 1990/2021)
was dismissed as withdrawn vide order dated 13.05.2022.
Appellant-Rinku alias Narendra stand convicted under Section 302 of
IPC and sentenced to undergo Life Imprisonment with fine of Rs.3,000/- with
default stipulation, and under Section 148 of IPC and sentenced to undergo one
year's RI vide judgment of conviction and order of sentence dated 23/08/2012
passed by Additional Sessions Judge Lahar, District Bhind (M.P.) in S.T.
No.144/2010.
As per prosecution story, on 29.03.2010, complainant Man Singh Yadav,
his nephew Ramkumar @ Titu and Rajendra Singh had come to Alampur from
their village Sasigarh for performing their work and after their work was over,
they stayed at the wine shop for night-halt. Complainant and Rajendra Singh
Yadav went to sleep back side of the roof and deceased Ramkumar alias Titu
slept on the shop roof. At 4 o'clock in the morning of 30.03.2010, present
appellant Rinku Kaurav having hockey, Vijay Singh armed with axe, Sonu
having lathi and Jaidayal Teli came there. An altercation took place between Titu
and accused persons, during which Rinku assaulted with hockey over his head
and forehead, due to which blood started oozing. Accused Vijay Singh
assaulted with axe and caused injury near left eye. Jaidayal caught hold of Titu
and Sonu Kaurav caused injury to him by lathi. Thereafter, all the accused
persons ran away from the spot. On these allegations, FIR was lodged at Crime
No. 11/2010 against the accused persons for the offences punishable under
Section 307/34 IPC. During investigation, Titu @ Ramkumar succumbed to the
injuries, thereupon Sections 302/34, 147, 148 were added. After completion of
investigation, challan was submitted against present appellant Rinku to JMFC,
Lahar District Bhind, wherefrom after registering the case at Crime No.
290/2010, the case was committed to the Sessions Court. The Sessions Court
after critical evaluation of the evidence placed on record convicted and
sentenced the appellant as aforesaid.
The appellant has so far undergone jail incarceration for about 13 years
and nine months.
Learned counsel for the appellant submits that its a case of false
implication. The impugned judgment rests upon surmises and conjectures.
There are omissions and material contradictions in the statements of the
witnesses. The medical report is not supportive to the prosecution theory. He
further submits that present appellant Rinku was having hockey in his hand
while co-accused Vijay Singh was armed with axe, to whom the benefit of
suspension of jail sentence has already been extended by this Court vide order
dated 12.07.2019 passed in connected Cri. Appeal No. 1117/2015. Hence, on
the ground of parity, learned counsel for the appellant-Rinku prays for
extension of benefit of suspension of jail sentence and grant of bail.
Per Contra, learned Public Prosecutor, opposes the application and
prays for its rejection.
U p o n considering the rival contention, this Court refrains from
commenting upon the merits of the case but regard being had to the fact that the
co-accused Vijay Singh has already been extended benefit of suspension of
their jail sentence and the present appellant has undergone jail sentence of 13
years and 9 months, this Court is inclined to suspend the jail sentence and grant
bail to appellant-Rinku.
Accordingly, I.A.No. 16422/2022 stands allowed and it is directed that
the jail sentence of appellant-Rinku alias Narendra shall remain suspended
during pendency of the present appeal and he shall be released on bail subject
to verification of the factum of depositing the fine amount and on his furnishing
a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with
one solvent surety in the like amount to the satisfaction of the Trial Court. He is
directed to appear before the Registry of this Court first on 19/09/2023 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) (ANAND PATHAK)
JUDGE JUDGE
yog
YOGESH VERMA
2023.07.18
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
14:55:50 +05'30'
