Madhya Pradesh High Court
Raghuveer vs The State Of Madhya Pradesh Thr on 2 March, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-958-2015
(RAGHUVEER & ORS. Vs . STATE OF MADHYA PRADESH)
DATED:- 03-03-2023
Shri D.S. Rajawat - Advocate for the appellant No.1 and
appellant No.3.
Shri A.K. Nirankari - Public Prosecutor for the respondent/State.
Per Justice Deepak Kumar Agarwal:
Heard on I.A. Nos.3711/23 & 4074/2023 which are third and fifth
applications under Section 389 (1) of Cr.P.C. for suspension of sentence
and grant of bail moved on behalf of the appellants No.1 and 3-
Raghuveer and Ajmer respectively.
This criminal appeal assails the judgment dated 10/08/2015
passed in S.T. No.179/2010 by the 3 rd Additional Sessions Judge,
Shivpuri, District- Shivpuri (M.P.), whereby the appellants have been
convicted and sentenced as under:-
Sections Sentence Fine (Rs.) Default
Stipulation
302/149 of IPC (3 Life Imprisonment Rs.1,000/- 2 Months RI
counts)
148 of IPC - Rs.1,000/- 2 Months RI
Prosecution story, in short, is that complainant- Baiju who has
been elected as Sarpanch of the village and his family are having
previous enmity from the complainant's sister-in-law (Bhabhi)-
Kunnobai and her son- Balu and grandson- Majboot Singh since the
time of election. On 14-06-10 at 6-30 PM, the complainant's sister-in-
law- Kunnobai was coming to home after washing her hands and face
from the hand pump, then under the Neem tree the accused- Narayan,
Naktu, Ajmer, Gyasi Shrilal, Lapai, Raghua and Raghuveer stopped her
and hurled obscene abuses and with common intention, she was
surrounded. All were carrying sticks and Iron rods. Accused- Narayan
assaulted her on her head by iron rod, due to which, blood started
oozing out. Co-accused -Naktu assaulted her with a stick. Co-accused-
Ajmer assaulted her by iron rod and co-accused- Raghua assaulted her
by stick, due to which, Kunnobai staggered and fell in front of her
house. When the complainant and Majboot Singh came to save her.
They saw that Kunnobai was dead. Thereafter, all the accused persons
came there and surrounded the complainant- Balu and his son- Majboot
Singh and started assaulting them. Accused- Narayan assaulted the
complainant by iron rod. Co-accused- Naktu assaulted him by stick.
Accused- Ajmer assaulted him by iron rod. Co-accused- Raghua
assaulted him by stick on various part of his body with the intention to
kill him. Co-accused-Gyasi and Shrilal assaulted the complainant's son-
Majboot Singh on his head, due to which, both of them fell down there
and got fainted. Thereafter, all the accused ran away from the spot. On
the basis of aforesaid, crime has been registered against the appellants.
Learned counsel for the appellants submits that appellants have
been falsely implicated in this case. Appellants have been wrongly
convicted by the learned trial Court. The appellants were on bail during
trial and they have not misused the liberty granted to them. Appellants
have suffered more than nine years of incarceration and they are the
permanent resident of District- Shivpuri (M.P.) and there are fair
chances of success of this appeal. It is further submitted that co-
accused- Raghua @ Radhe has already been granted the benefit of
suspension of sentence and grant of bail vide order dated 02/02/2023
passed in Criminal Appeal 958/2015 and accused Narayan and Shrilal
have already been granted benefit of suspension of sentenced and grant
of bail vide order dated 15.02.2023 passed in Criminal Appeal
No.934/2015. The appeal is of the year 2015 which may take long time
for its conclusion and the appellants cannot be kept in custody for an
unlimited period. Under these circumstances, the execution of jail
sentence be suspended and the appellants be released on bail.
On the other hand, learned Public Prosecutor appearing on behalf
of the respondent/State opposed the bail application and prayed for
rejection of this application.
Keeping in view of the aforesaid submissions of learned counsel
for the parties and the fact that an early hearing of this case is not
possible and appellants have suffered more than nine years of
incarceration, I.A. Nos. 3711/2023 and 4074/2023 are allowed.
It is, therefore, directed that if appellants deposit the entire fine
amount, if not already deposited, and furnish personal bond in the sum
of Rs.50,000/-(Rupees Fifty Thousand Only) each with one solvent
surety of the like amount to the satisfaction of trial Court for their
appearance before the Registry of this Court on 22nd of August, 2023
and on such subsequent dates as may be fixed in this regard, sentence of
imprisonment awarded to them, shall remain suspended till further
orders and they shall be released on bail.
I.A. Nos. 3711/2023 and 4074/2023 are allowed and disposed of.
A copy of this order be sent to the trial Court concerned for
necessary compliance.
Certified copy as per rules/directions.
Digitally
signed by
YOGENDRA(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
OJHA
Date:
JUDGE JUDGE
2023.03.03
10:25:01
ojha
+05'30'
