Devisingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 8931 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 707 of 2016
                                          (DEVISINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-06-2023
                                 Shri Santosh Kumar Meena, learned counsel for the appellant no.3.-

                           Mukesh.
                                 Shri Manoj Saxena, learned counsel for the appellant no.4- Sevaram.
                                 Shri Gaurav Singh Chouhan, learned Dy. Govt. Advocate for the
                           respondent/State.

Heard on I.A. No.7973/2023 which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant no.4-Sevaram.

Also heard on I.A. No.8634/2023 which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant no.3-Mukesh.

2. The trial Court has convicted the appellants vide judgment of conviction and order of sentence dated 03.05.2016 passed by Second Additional Sessions Judge, Shajapur in S.T. No.301/2015 as under:-

Imprisonment in Section/Act Imprisonment Fine of fine

302/149 of the IPC Life Imprisonment Rs.5000/- 1 year R.I.

                                 323/149 of the IPC
                                                       1 year R.I.           -                -
                                   (Two counts)

                                   147 of the IPC      1 year R.I.           -                -

                                   148 of the IPC      1 year R.I.           -                -

3. As per prosecution case, on 26.10.2015 present appellants and co-

accused persons Devi Singh, Govind Singh and Dinesh made unlawful Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 19-06-2023 17:26:00

assembly. Co-accused Mukesh was armed with iron rod and other co-accused persons and present appellants were armed with lathi. All of them assaulted the deceased Bhim Singh on his stomach and other parts of the body. Due to the injuries the deceased had died.

4. Learned counsel for the appellant No.4-Sevaram submits that jail sentence of all the co-appellants Devisingh and Govindsingh has been suspended and they have been enlarged on bail vide order dated 20.04.2023 as well as suspension of jail sentence of co-accused Dinesh has also been suspended and he has enlarged on bail vide order dated 09.05.2023 by this Court. Case of the appellant is similar with the aforesaid co-accused persons

therefore, the present appellant is also entitled to get similar benefit. It is further submitted that present appellant is in jail since 26.06.2015. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

5. Learned counsel for the appellant No.3- Mukesh submits that jail sentence of all the co-appellants Devisingh, Govindsingh and Dinesh has been suspended and they have been enlarged on bail vide order dated 20.04.2023 and order dated 09.05.2023 by this Court. It is further submitted that present appellant is in jail since 26.06.2015. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

6. Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellants and submitted that case of appellant-Sevaram is identical with the co-accused persons Devisingh, Govindsingh and Dinesh but case of appellant-Mukesh is not identical as he is main accused and had

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 19-06-2023 17:26:00

assaulted the deceased by means of iron rod on his stomach. Due to the said injuries his spleen was raptured which was the cause of death of the deceased. Therefore, it is prayed that jail sentence of the appellant- Mukesh is liable to be rejected.

We have heard learned counsel for both the parties and perused the record.

7. Considering the facts and circumstances of the case it is not disputed that case of the appellant-Sevaram is identical with co-accused persons Devisingh, Govindsingh and Dinesh therefore he is entitled to similar treatment. Therefore, I.A. No.7973/2023 in respect of appellant no.4-Sevaram is allowed. Since case of the appellant no.3.-Mukesh is different from other co-accused persons, therefore, we are not inclined to suspend the jail sentence of appellant no.3- Mukesh. Accordingly, I.A. No.8634/2023 is hereby rejected.

8. It is directed that subject to depositing the fine amount, if already not deposited, appellant no.4.-Sevaram shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 17.08.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

9. List for final hearing in due course.

C.C. as per rules.

                                  (S. A. DHARMADHIKARI)                         (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                         JUDGE

                           ajit


Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 19-06-2023
17:26:00