Madhya Pradesh High Court
Pankaj @ Kalla vs The State Of Madhya Pradesh on 1 March, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 2431 of 2023
(PANKAJ @ KALLA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 01-03-2023
Shri Prashant Sharma, learned counsel for the appellants.
Shri Pramod Pachauri, learned Public Prosecutor for the respondent-
State.
Record of the Trial Court be requisitioned.
Heard on IA No.3841 of 2023, which is the first application under
Section 389(1) of CrPC filed on behalf of appellant No.5 Sunil alias Bunty for
suspension of jail sentence and grant of bail.
Vide judgment dated 02-02-2023 passed by trial Court in Sessions Trial
No. 63 of 2018, the present appellant has been convicted for offence under
Sections 452, 148, 324/149, 325/149, 323/149 (four counts) and sentenced to
undergo two years RI with fine of Rs. 1,000/-, one year RI with fine of Rs.
1,000/-, two years RI with fine of Rs.2,000/-, four years RI with fine of
Rs.2,000/- and one year RI with fine of Rs. 1,000/- with default stipulation
respectively.
As per prosecution case, on 10-11-2015 at around 10:30 pm complainant
along with other persons, namely, Ravikant, Kedar, Munni Bai and Vivek were
painting common sitting area. At that time, present appellant along with other
co-accused came there and told them as to why they are painting the common
sitting area. On that, complainant replied that accused persons can paint it from
inside. Due to this, the accused persons abused them in filthy languages. When
complainant objected them to it, accused persons thereafter entered in the
house of complainant and started beating him. When other persons tried to
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 3/1/2023
6:19:45 PM
intervene in the matter, all accused persons also beaten them. The allegation
against the present appellant is of causing injury by means of farsa on the head
of Munni Devi. FIR was registered against the present appellant along with
other co-accused at Police Station Bagchin vide Crime No.179 of 2015. After
recording the evidence of witnesses and completion of investigation as well as
other formalities, charge sheet was filed before the competent Court from where
the case was committed to the Sessions Court for its trial. The learned trial
Court vide impugned judgment convicted the present appellant along with other
co-accused persons.
A cross-case regarding the same incident at the same police station
bearing Crime no. 181 of 2015 was registered against the complainant party by
accused party and after completion of investigation and other formalities,
charge sheet was filed in the said crime before the competent Court. After
conclusion of trial, the learned trial Court found the complainant party guilty of
offence under Sections 307, 325, 324, 148, 149 of IPC and sentenced them to
maximum period of ten years vide judgment dated 02/02/2023 passed in
Sessions Trial No.200 of 2016.
It is submitted by Shri Sharma that on the date of alleged incident, the
complainant party were aggressors, therefore, trial Court has rightly convicted
complainant party for commission of offence under Section 307 of IPC. There
is delay in recording the statements of witnesses and prosecution case is not
corroborated by medical evidence. There is no explanation as to the injuries
received by accused party in which one person died. Prosecution has utterly
failed to establish its case beyond reasonable doubt. The testimony of
prosecution witnesses is not fully supported the prosecution case. This appeal
is of 2023 and final outcome will take some time. Hence, prayed for suspension
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 3/1/2023
6:19:45 PM
of jail sentence and grant of bail to the present appellant.
On the other hand, the application is opposed by the Counsel for the
State.
Considering the aforesaid facts and circumstances of the case coupled
with the fact that the complainant party of the present case have already been
convicted by the trial Court in connection with cross-case, but without
expressing any opinion on the merits of the case, IA is allowed. On depositing
the fine amount (if not deposited by the present appellant) the remaining
execution of jail sentence of present appellant shall remain suspended and he
shall be released on bail on furnishing a personal bond in the sum of
Rs.25,000/- (Rupees twenty five thousand) along with one solvent surety of
the like amount to the satisfaction of trial Court for his appearance before the
Registry of this Court first on 8th May, 2023 and on all other subsequent
dates as may be fixed by the office.
Cc as rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 3/1/2023
6:19:45 PM
