Madhya Pradesh High Court
Sonu Singh Solanki vs The State Of Madhya Pradesh on 21 July, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 731 of 2020
(SONU SINGH SOLANKI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 21-07-2023
Shri Shreyash Pandit -Advocate for the appellants.
Shri Arvind Singh - Government Advocate for the respondent-State of
M.P.
Heard on IA No.1266/2021 an application under Section 389(1) of the
Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant
no.1-Sonu Singh Solanki and appellant no.2-Akash Pandey arising out of
judgment dated 15.01.2020 delivered in SCATR No.115/2017 by Special Judge
SC/ST (Prevention of Atrocities) Act, Khandwa, M.P.
T he appellant no.1 has been convicted under Section 147 of IPC to
undergo RI for six months and fine of Rs.100/-, under Section 323/149 of IPC
to undergo RI for six months and fine of Rs.100/- under Section 302/149 to
undergo RI for Life and fine of Rs.100/ with default stipulation.
T he appellant no.2 has been convicted under Section 147 of IPC to
undergo RI for six months and fine of Rs.100/-, under Section 323/149 of IPC
to undergo RI for six months and fine of Rs.100/- under Section 302/149 to
undergo RI for Life and fine of Rs.100/ with default stipulation.
As per prosecution story on 10.9.2017 the complainant Ajay was
travelling with Sandeep (deceased) in a motorcycle. Rajpal stopped the
motorcycle midway and started abusing him. Raghunath, Ajay, Rajesh, Suraj,
Sonu and Akash allegedly caused injuries by means of Lakdi and rod.
Learned counsel for these appellants submits that in the Dehati Nalishi
and in the FIR names of Sonu and Akash do not find place. Eye-witnesses
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 7/22/2023
11:46:00 AM
Deepak, (PW-7) has not taken the names of these appellants as assailants. It is
further argued that an incident had taken place on 10.9.2017, whereas FIR was
lodged on 12.9.2017. Sandeep (deceased) died on 13.9.2017. It is further
argued that in MLC conducted by Dr.Sharan Harne (PW-11) only two injuries
were found on the person of the deceased. By taking this court to his
deposition, he submits that he minutely examined the body of the deceased and
then gave specific opinion that only two injuries were there on his body. In the
autopsy report 22 injuries were found and in support of said report, Dr. V.K.
Singh (PW-12) entered the witness box. The prosecution could not establish as
to how injuries could have been enhanced from 2 to 22. Statement of PW-1 is
relied upon to show (para-14) that because of improper behaviour and eve
teasing by the deceased in a colony, the women of that colony assaulted him. It
is submitted that the appellants remained in custody for more than 31/2 years.
There is no clinching evidence which connects the appellants with commission
of crime. Final hearing of this appeal of 2020 is not possible in near future.
Thus, remaining jail sentence of the appellants may be suspended.
The prayer for suspension of remaining jail sentence and grant of bail is
opposed by learned Government Advocate on the basis of objection.
Considering the aforesaid factual backdrop without commencing
anything on merits of the case, we deem it proper to suspend the remaining jail
sentence of both the appellants.
Accordingly, IA No.1266/2021 is allowed.
Subject to depositing the fine amount, if not already deposited, the
remaining jail sentence of the appellant no.1-Sonu Singh Solanki and
appellant no.2-Akash Pandey is hereby suspended and it is directed that
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 7/22/2023
11:46:00 AM
both the appellants be released on bail on their furnishing a personal bond for a
sum of Rs.30,000/- (Rupees thirty thousand only) each with one solvent
surety of the like amount to the satisfaction of the trial court with a further
direction to appear before the concerning trial court Khandwa on 9th
October, 2023 and also on such other dates, as may be fixed by the trial court
in this regard during the pendency of this appeal.
C c as per rules.
(SUJOY PAUL) (ACHAL KUMAR PALIWAL)
JUDGE JUDGE
bks
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 7/22/2023
11:46:00 AM
