Madhya Pradesh High Court
Niranjan Singh vs The State Of Madhya Pradesh on 15 June, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 112 of 2015
(NIRANJAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 15-06-2023
Mr. Hemant Rana learned counsel for appellant No.7.
Mr. Lokendra Shrivastava, learned Public Prosecutor for the
respondent/State.
Mr. Vinod Pathak, learned counsel for the complainant.
Heard o n I.A.No.5374/2019, second application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the
appellant No.7.
Learned counsel for the appellant submits that earlier appellant No.7 was
granted seven days interim bail.
Appellant No .7 stands convicted under Section 302/149 of IPC and
sentenced to undergo Life Imprisonment with fine of Rs.10,000/-; Section 307
of IPC and sentenced to undergo 07 years' RI with fine of Rs.2,000/- and under
section 148 of IPC and sentenced to undergo 03 years' RI with fine of
Rs.1,000/- with default stipulations respectively vide judgment of conviction
and order of sentence dated 29/01/2015 passed by Additional Sessions Judge
Gohad, District - Bhind in Sessions Trial No.141/2011.
Appellant No.7 - Surendra so far has undergone actual jail sentence of 13
years 1 month and 19 days and with remission 16 years 5 months and 1 day as
per the report furnished by the Superintendent Central Jail, Gwalior.
Before adverting to the facts, it is expedient to observe that co-accused
persons appellant No.1-Niranjan Singh, appellant No.2-Narayan Singh, appellant
No.3-Yogendra Singh, appellant No.4-Anil, appellant No.5-Ashok Singh and
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 16-Jun-23
10:52:35 AM
appellant No.6-Pooran @ Pulinder have been extended the benefit of
suspension of sentence by this Court.
A s per prosecution story, on 20.11.2010 at about 7:30 am, while
complainant Vikram Singh (PW-1) alongwith his brother Kalyan Singh (since
deceased) were putting cow dung near the house of Kaptan Singh at that time
co-accused Anil armed with lathi, Yogendra Singh with 315 bore country made
pistol, Surendra Singh and Badan Singh with mouser gun, Niranjan and Narayan
with lathi, Ashok with 12 bore double barrel gun, with common intention and
motive reached the spot and started beating the deceased Kalyan Singh
dragging him to the house of Kaptan Singh. When complainant came to rescue
Kalyan Singh, he suffered injuries at the hands of Anil and Pulinder with lathi
and axe on the head, nose, face and other parts of the body. His younger
brother Kalyan Singh suffered gunshot injury on thigh, neck and back.
Thereafter, he fell down resulting into homicidal death. Based whereupon, FIR
was registered at Crime No.251/10 at Police Station Gohad (Ex.P-2). Upon
collection of relevant material and witnesses, challan was filed. Thereafter,
case was committed to the Sessions Court for trial. The Sessions Court upon
critical evaluation of the evidence placed on record has convicted and
sentenced appellant No.7 alongwith other co-accused persons as referred
above.
Mr. Hemant Rana, learned counsel for the appellant No.7 while arguing
the instant application for suspension of sentence has primarily sought
indulgence of this Court on the ground of long jail incarceration of the appellant,
as detailed above. Appeal is of the year 2015 and there is no likelihood of early
hearing of this appeal in the near future. Under such circumstance, learned
Signature Not Verified
counsel prays for suspension of sentence and grant of bail to appellant No.7.
Signed by: BARKHA
SHARMA
Signing time: 16-Jun-23
10:52:35 AM
Per contra, Mr. Lokendra Shrivastava, learned Public Prosecutor and
Mr. Vinod Pathak, learned counsel for the complainant opposed the application
with submission that specific overtact is attributed to the appellant No.7 in his
deposition by the complainant (PW-2), as gunshot injury fired by him had hit on
the neck of deceased. Hence, he is not entitled for grant of suspension of
sentence.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, but regard being had to the fact that appellant No.7 has already suffered
jail incarceration of about 13 years and that appeal is of the year 2015 and there
is no likelihood of early hearing of the appeal albeit paper book is ready,
appellant No.7-Surendra is held entitled for suspension of jail sentence.
Accordingly, it is directed that the jail sentence of the appellant No.7-
Surendra shall remain suspended and he be released on bail on his furnishing a
personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs 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.7 is
directed to appear before the Registry of this Court on 03.08.2023 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 No.7, the medical examination of the
appellant No.7 be conducted through the jail doctor and if it
is prima facie found that she is having any symptoms of
COVID-19, then the consequential follow up action or any
further test required be undertaken immediately. If not,
appellant shall be released on bail in terms of the conditions
imposed in this order ;
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 16-Jun-23
10:52:35 AM
(ii) On violation of conditions, State is free to apply for
cancellation of bail.
Accordingly, I.A. No. 5374 of 2019 stands allowed and disposed of.
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) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
bj/-
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 16-Jun-23
10:52:35 AM
