Madhya Pradesh High Court
Deepak @ Deep Singh vs The State Of Madhya Pradesh on 25 July, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9634 of 2022
(DEEPAK @ DEEP SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 25-07-2023
Shri Madan Singh - Advocate for the appellants No. 2 and 3.
Shri A.N. Gupta - Government Advocate for the respondent/State.
Heard on I.A. No.16711/2023 for suspension of remaining jail sentence
and grant of bail filed on behalf of appellant No.2- Pappu Adivashi and
appellant No.3- Veeru @ Virendra @ Veer Singh arising out of judgment
dated 27.09.2022 passed in S.T.No.49/2019 by the Additional Sessions Judge,
Goharganj, District-Raisen.
Appellants No. 2 and 3 have been convicted under Section 302/34 of the
IPC and sentenced to undergo R.I. for life with fine of Rs.5000/- and under
Section 323/34 of the IPC and sentenced to undergo R.I. for six months with
fine of Rs.5000/- with default stipulation.
Learned counsel for the appellants by taking this court to the prosecution
story submits that it is alleged that on 18.07.2019 at around 9:00 AM, accused
persons allegedly assaulted Kamal Singh by means of rod, danda, axe and
stone. This Court on 07.07.2023 has already suspended the jail sentence of
appellant No. 1 Deepak @ Deep Singh who was allegedly carrying an axe.
Thus, on principle of parity, the remaining jail sentence of appellants No. 2 and
3 may be suspended.
The prayer is opposed by Shri A.N. Gupta, learned Government
Advocate for the State.
This Court on 07.07.2023 while granting benefit of suspension of sentence to
appellant No. 1- Deepak @ Deep Singh recorded as under:
" Heard on I.A. No. 467/2023, an application under Section
389(1) of Cr.P.C. for suspension of remaining jail sentence
and grant of bail to appellant No.1- Deepak @ Deep Singh
arising out of judgment dated 27.09.2022 delivered in S.T.
No.49/2019 by Additional Sessions Judge, Goharganj,
District Raisen.
Appellant No.1 has been convicted under Section 302/34 of
IPC and sentenced to undergo R.I. for life imprisonment with
fine of Rs.5000/- and Section 323/34 of IPC and sentenced
to undergo R.I. for 6 months with fine of Rs. 5000/- with
default stipulations.
Learned counsel for appellant No.1 submits that incident
allegedly occurred on 18.07.2019 but immediately no report
has been lodged in this regard. Deceased succumbed to
injuries on 25.07.2019 and after merg inquiry, FIR Ex. P/27
has been registered on 31.08.2019. In fact no FIR has been
lodged by any family member of the deceased. Deceased was
referred to Hamidia Hospital vide referral letter Ex. P/26 but
no bed head ticket of Hamidia Hospital has been filed by the
prosecution. In the said incident, deceased's son Chotelal is
also alleged to have sustained injury but his MLC report Ex.
P/4 shows that he has only been examined on 31.08.2019.
The final hearing of this appeal is not possible in near future.
Thus, remaining jail sentence of appellant No.1 may be
suspended and he be released on bail.
The prayer is opposed by learned Government Advocate.
Therefore, taking into consideration above facts, including
over all evidence available on record coupled with the fact
that hearing of this appeal is not possible in near future and
without expressing any opinion on merits, we deem it proper
to suspend the remaining jail sentence of the appellant.
Accordingly, I.A No. 467/2023 is allowed.
Subject to depositing the fine amount, if not already
deposited, the remaining jail sentence of appellant No.1-
Deepak @ Deep Singh, is hereby suspended and it is directed
that the appellant be released on bail on his furnishing a
personal bond for a sum of Rs.30,000/- (Rupees thirty
thousand only) 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 Goharganj
District Raisen on 11.09.2023 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."
Considering the aforesaid by applying the principle of parity, we deem it
proper to suspend the remaining jail sentence of appellants No. 2 and 3.
Accordingly, aforesaid I.A. No.16711/2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentences of appellants No.1 and 2 is hereby suspended and it is
directed that appellant No.2- Pappu Adivashi and appellant No.3- Veeru
@ Virendra @ Veer Singh 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 each of the like amount to the satisfaction of the trial Court with
a further direction to appear before the concerned trial Court, Goharganj,
District-Raisen on 11.09.2023 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
L.R.
Digitally signed by LALIT
SINGH RANA
Date: 2023.07.26
11:55:53 +05'30'
