Madhya Pradesh High Court
Gudde vs State Of M.P. on 24 July, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 692 of 2012
(GUDDE AND OTHERS Vs STATE OF M.P.)
Dated : 24-07-2023
Shri Ashok Jain, learned counsel for the appellants.
Shri A.K.Nirankari, learned Public Prosecutor for respondent-State.
Heard on I.A. No.12432/2023, an application under Section 301(2) of
Cr.P.C.
On due consideration, I.A. is allowed.
Shri Ashok Jain and his associates are permitted to assist this Court on
behalf of the appellant Nos. 1, 2 and 3.
Heard on I.A. Nos.12429 of 2023, 21631 of 2017, 12437 of 2023
filed on behalf of appellant Nos. 1, 2 and 3 which are the fourth, third and
second repeat applications under Section 389(1) of Cr.P.C seeking suspension
of sentence and grant of bail respectively.
Appellants so far have undergone jail incarceration of about 12 years as
transpired during the course of hearing.
Appellants stand convicted under Sections 302/149 of IPC read with
Section 3(2)(5) SC & ST Act, Sections 148, 451, 323/149 (three counts) and
325/149 of IPC and maximum sentenced to undergo life imprisonment with
maximum fine of Rs.500/-, with default stipulation vide judgment o f conviction
and order of sentence dated 31.07.2012 by Session Judge, Ashoknagar, District
Ashoknagar in ST No.32/2010.
A s per prosecution story, on 27.04.2010, complainant Fullu lodged a
dehatinalisi with his injured father Lacchu by saying that when he is sitting in
his home about 11'o clock with his father, brother Parsadi Ahirwar and bhabi
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 7/25/2023
10:17:42 AM
Ramrati, at the same time, accused persons namely, Gudde, Bhopali, Bebi,
Bharat, Shelu, Balla, Ragvendra, Hari, Bhaiyan came there with same intention
and committed marpeet. Bhopali catch the hand of brother Parsadi, pull outside
and taken him near temple and there Gudde, Bebi, Bharat, Shelu, Balla,
Ragvendra beaten to his brother Parsadi by means of lathi. When his father and
bhabi came to intervene the matter, accused persons also beaten them. Due to
serious injuries, his brother Parsadi died on the spot. Accordingly, FIR was
lodged. Upon completion of investigation, challan was filed. The case was
committed to the Sessions Court for trial. The Sessions Court upon critical
evaluation of the evidence placed on record, convicted and sentenced the
present appellant, as aforesaid.
Learned counsel for appellants while taking exception to the impugned
judgment of conviction and order of sentence submit that appellants are
innocent and have falsely been implicated. The Trial Court did not appreciate
the relevant piece of evidence. The judgment is based on surmises and
conjectures. Appellants have suffered about 12 years' of jail incarceration out of
their total sentence awarded. Appeal is of the year 2012, there is no likelihood
of early hearing of the appeal in near future. Under such circumstances, learned
counsel for the appellants prays for suspension of sentence and grant of bail on
behalf of appellants.
Per contra, learned counsel for the respondent-State opposes the
application, but does not comment upon the aforesaid facts and circumstances
of the case.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, present appeal is of the year 2012 and there is no likelihood of early
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 7/25/2023
10:17:42 AM
hearing of the appeal, in the obtaining facts and circumstances, appellants are
held entitled for suspension of jail sentence.
Accordingly, we allow the application and it is directed that the jail
sentence of present appellants - Gudde, Ragvendra and Bharat shall remain
suspended and they be released on bail on their furnishing a personal bond in
the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each 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. Appellants are directed
to appear before the Registry of this Court on 18.12.2023 and thereafter, on
other subsequent dates as may be fixed by the Registry of this Court in this
behalf.
Accordingly, I.A. Nos.12429 of 2023, 21631 of 2017, 12437 of 2023
stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A's. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
Vijay
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 7/25/2023
10:17:42 AM
