Toran Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 8747 MP

                                   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 : 14-06-2023
      Shri Sushil Goswami, learned counsel for the appellants.

      Shri S.S.Kushwah, learned Public Prosecutor for the respondent/ State.

Shri Deependra Singh Raghuvanshi, learned counsel for complainant. Heard on I.A. No.5800 of 2022, which is the first application under Section 389 (1) of Cr.P.C seeking suspension of sentence and grant of bail moved on behalf of appellant No.4 Manoj Dubey

Appellant stands 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 sections 147 and 148 of the IPC but sentenced only under section 148 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 10 years and 4 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 appellants intercepted his motorcycle near Kakrawada village. Present appellant Manoj was armed with farsa while Deepak and Kamal Singh had axes and Toran Singh and Chaturbhuj were having lathis. The appellants caught hold of his motorcycle from behind. Rajesh was assaulted by appellant Manoj by means of Farsa from behind on his head while Deepak and Kamal Singh caused axe blows to him. Blood started oozing out and the motor cycle fell down. All the appellants started assaulting Rajesh, while Chaturbhuj and

Toran said that the deceased would not be spared alive as he was not entering into compromise. The appellants kept on assaulting till they detected that there was no movement in his hands and legs. Thereafter the appellants 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 counsel for appellant No.4 while taking exception to the

impugned judgment of conviction and order of sentence submits that appellant No.4 is 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. The present appellant has already suffered jail incarceration for about 10 years and 4 months and disposal of appeal is likely to take time. Hence, prays for suspension of sentence and grant of bail on behalf of appellant.

Per contra, learned Public Prosecutor for the respondent-State assisted by the learned counsel for the complainant opposes the application supporting the impugned judgment and prays for dismissal of the present application.

Upon 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 10 years and 4 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, in the obtaining facts and circumstances, appellant No.4 is held entitled for suspension of jail sentence.

Accordingly, this court allows I.A.No.5800 of 2022 and it is directed that the jail sentence of appellant No.4 - Manoj 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 02.08.2023 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
  SP

SANJEEV
KUMAR PHANSE
2023.06.15
15:37:35 +05'30'