Santosh Alias Bhola vs The State Of Madhya Pradesh
2023 Latest Caselaw 8748 MP

                                      1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                              CRA No. 7961 of 2021
                  (SANTOSH ALIAS BHOLA Vs THE STATE OF MADHYA PRADESH)

Dated : 14-06-2023
         Shri A.K. Jain, learned counsel for appellant.

         Shri Vijay Sundaram, learned Public Prosecutor for the respondent-State.

Heard o n I.A.No.3795/2023, second repeat application for suspension of sentence and grant of bail moved on behalf of sole appellant-Santosh @ Bhola. His earlier application was dismissed as withdrawn vide order dated 12.09.2022.

T h e appellant stands convicted under Sections 302/149 IPC and sentenced to suffer Life Imprisonment with fine of Rs.2,000/- and Section 148 IPC and sentenced to suffer one year's RI with fine of Rs.200/- with default stipulations vide judgment of conviction and order of sentence dated 02.12.2021 passed by First Additional Sessions Judge, Datia in Sessions Trial No.121/2018.

As per prosecution story, on 3/7/2011, while Smt. Ramkishori (PW/2) along with deceased Ramratan and Ashok, Sudheer, Manish, Ashish & Satish was going to Bhulagaon from Datia, on the way, they were interrupted by

accused persons. It is alleged that present appellant armed with 12 bore gun, co-accused Vedprakash armed axe (kulhadi), co-accused Rajendra armed with farsa, Ramkali and Bhaiyan armed with lathi, attacked on them and exhorted to kill each one of them. The present appellant is alleged to have caused head injury to deceased Ashok and Ramratan with axe (kulhadi).

O n the aforesaid allegations, FIR was registered, investigation was started. Upon collection of relevant material with the statements of witnesses

under Section 161 of Cr.P.C, Challan was filed. Case was committed to the Sessions Court for trial. The Sessions Court upon evaluation of the evidence placed on record awarded conviction to all the accused persons and sentenced accordingly as referred above.

Learned counsel for present appellant-Santosh @ Bhola submits that similarly placed co-accused Rajendra has been extended benefit of suspension of sentence by the coordinate bench on 22/02/2022. According to him, allegations against present appellant are same as against co-accused Rajendra. Inasmuch as Rajendra is said to have caused head injury to the deceased Ashok and Ramratan by farsa. He further submits that in Dehati Nalisi, omnibus

allegations were made against each of the accused persons. However, during the course of ocular evidence, though allegations of causing injury on head by a x e (kulhadi) has been attributed to the co-accused Ved Prakash, present appellant may be extended benefit of suspension on the ground of parity. Besides, appellant has already suffered incarceration for more than 11 years. He has no criminal antecedents. Final disposal of this appeal is likely to take time. As such, the instant application filed on behalf of appellant-Santosh @ Bhola deserves to be allowed.

Per contra, Public Prosecutor for State opposed the application while supporting the impugned judgment of conviction and order of sentence. This court has rejected the earlier application for suspension of sentence after granting suspension of sentence to co-accused Rajendra on 22/02/2022. There is no change in the circumstances thereafter. Hence, appellant is not entitled to benefit of suspension of sentence on the ground of parity.

Upon hearing learned counsel for the rival parties, without commenting upon the contentions so advanced touching the merits of the case, but regard

being had to the fact that present appellant undisputedly has undergone more than 11 years of jail sentence and that appeal is of the year 2021 and there is no likelihood of early hearing of the appeal as well as looking to the fact that co- accused Rajendra has already been extended benefit of suspension of sentence by co-ordinate bench of this Court on 22/02/2022, in the obtaining facts and circumstances, jail sentence of the appellant Santosh @ Bhola deserves to be suspended during pendency of the present appeal.

Accordingly, it is directed that the jail sentence of appellant Santosh @ Bhola 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.1,50,000/- (Rupees One Lac Fifty Thousand 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 02.08.2023 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) the concerned jail authorities are directed that before releasing the appellant his medical examination be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the

conditions imposed in this order;

(ii) in case of violation of conditions, State is free to apply for cancellation of bail.

Accordingly, I.A.No.3795/2023 stands allowed.

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.

  (ROHIT ARYA)                                     (MILIND RAMESH PHADKE)
     JUDGE                                                  JUDGE

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         Date: 2023.06.15 14:42:07 +05'30'