Galiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 9907 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 6449 of 2023 (GALIYA Vs THE STATE OF MADHYA PRADESH)

Dated : 30-06-2023

Shri Abhay Saraswat - counsel for the appellant. Shri Tarun Pagare - G.A. for State.

Heard on admission.

The appeal is admitted for final hearing.

Also heard on IA No.6842/2023 which is first application u/S.389 of Cr.P.C for suspension of sentence of appellant Galiya.

The appellant has been convicted u/Ss.148, 436/149 and 452/149 of IPC and respectively sentenced to undergo RI for three years with fine of Rs.1000/-, seven years RI with fine of Rs.1000/- and five years RI with fine of Rs.1000/- with default stipulation.

2. Counsel for appellant submits that as per the prosecution case, one Partha (PW.1) lodged a report on 23.11.2007 to the effect that a quarrel had taken place on 22.11.2007 between 'Dama Family' and 'Dindor Family' of his

village and due to that animosity, about 67 persons armed with deadly weapons and inflammable goods, kerosene oil, grass bundle etc. ablazed fire on the huts. About 34 dwelling houses have been burnt.

3. Counsel for appellant submits that the matter was compromised even during trial. He referred to para three of the impugned judgment to state that except one complainant Hurtan, all the complainants have compromised the matter. The damage caused to the complainants have been compensated. It is further submitted that the appellant has been convicted with the aid of Sec.149 Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 30-Jun-23 5:36:03 PM

of IPC and omnibus allegations have been made. In all 59 persons have been convicted. Incident is said to have taken place in the year 2007 and the appellant was on bail during trial. He did not misuse the liberty. He further submits that other co-accused in connected appeal i.e. Laxman, Rangu, Nahru, Gautam, Kailash S/o Savia, Doliya, Kailash S/o Kanji, Kanju @ Kanhaiyalal, Motiya, Mansingh, Jyotiya @ Jotiya, Mangu, Saku @ Kalu and Lalu, their jail sentence have been suspended by this Court in Cr.Appeal No. 333/2023.

4. Counsel for State opposed the prayer.

5. Considering the aforesaid submissions, the IA No.6842/2023 is allowed. The substantive jail sentence of the appellant is suspended upon

depositing the fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- with one separate surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 04.08.2023 and on the subsequent dates as may be fixed in this behalf by the Registry.

C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 30-Jun-23 5:36:03 PM