Madhya Pradesh High Court

Veer Singh vs The State Of Madhya Pradesh Thr on 17 March, 2023

Author: Rohit Arya

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 531 of 2017
                                       (VEER SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH THR)

                          Dated : 17-03-2023
                                Shri Dhirendra Singh Niranjan-Advocate for appellant No.1-Veer

                          Singh and appellant No.5-Chain Singh.
                                Shri R.K. Awasthy- Public Prosecutor for respondent/State.

Heard on I.A.No.4211 of 2023, second repeat application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of

appellant No.1-Veer Singh. His earlier application has been dismissed as withdrawn.

Heard on I.A.No.4216 of 2023, fourth repeat application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.5-Chain Singh. His earlier applications have been dismissed as withdrawn.

Appellant No.1-Veer Singh so far has undergone 07 years and appellant No.5-Chain Singh 06 and half years' incarceration.

Appellant No.1-Veer Singh stood convicted under Sections 148,

302/149, 325/149 (six counts), 323/149 (three counts) IPC and sentenced to RI for two years' with a fine of Rs.500/-, imprisonment for life with a fine of Rs.1,000/-, three years' RI with a fine of Rs.500/- on each count, six months' RI respectively with default stipulations; appellant No.5-Chain Singh stood convicted under Sections 148, 302/149, 325/149 (six counts), 323/149 (three counts) IPC and sentenced to RI for two years' with a fine of Rs.500/-, imprisonment for life with a fine of Rs.1,000/-, three years' RI with a fine of Rs.500/- on each count, six months' RI respectively with default stipulations; Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 3/17/2023 8:00:11 PM

vide judgment of conviction and order of sentence dated 06.04.2017 passed by S p ec ial Judge, District Ashok Nagar (M.P.) in Special Sessions Trial No.28/2012.

As per prosecution story, complainant Hariom, at District Hospital Ashok Nagar on 25.06.2012 at about 11:10 in the morning, got reduced in writing the Dehati Nalisi to the effect that he is an agriculturist. On the said date, he was sitting out of his house. At about 08:00 in the morning, over a land dispute, Veer Singh S/o Ratna Harijan, Hanumant S/o Ratna Harijan, Chandana S/o Prema Harijan, Bhaiyalal S/o Prema Harijan, Chain Singh S/o Haricharan Harijan, Sanjay, Sonu S/o Mukund Singh Jaat, Lalsahab S/o Parsu Harijan,

Neelam S/o Pancha Harijan came to his house along with deadly weapons like luhangi, tega, lathi, with common intention to cause death and by hurling abuses started assaulting him. Hariom by means of luhangi caused injury in his head. Lalsahab, Sonu, Sanjay and Parmanand inflicted lathi blows, due to which he fell down on the ground. When Devilal, Radha Bai, Juktilal, Bhaiyalal, Rajkumar, Prabhulal, Rajbai, Neeraj, Durg Singh came to his rescue, all the accused persons also assaulted them with the deadly weapons. All injured were sent to their medical treatment in which injured Bhaiyalal S/o Gangaram succumbed to the injuries sustained by him during incident. Accordingly, the case was registered and upon completion of investigation, challan was filed. The Sessions Court on appreciation of evidence placed on record convicted and sentenced the present appellants.

Shri Singh, learned counsel for appellant No.1-Veer Singh and appellant No.5-Chain Singh, while taking exception to the impugned judgment submits that Sessions Court has not appreciated the evidence placed on record in

Signature Not Verified correct perspective. The judgment suffers from surmises and conjectures. It is Signed by: PAWAN DHARKAR Signing time: 3/17/2023 8:00:11 PM

further submitted that present appellants so far has undergone 07 years and 06 and a half years' incarceration respectively. He submits that Sanjay and Parmanand were found to have caused head injuries by means of Farsa to deceased Bhaiyalal. Co-accused Sanjay has been extended the benefit of suspension of sentence in Criminal Appeal No.557 of 2017 vide order dated 04.10.2019 (I.A.7679/19) and Parmanand in Criminal Appeal No.568 of 2017 vide order dated 27.09.2019 (I.A.No.7306/19). He further submits that co- accused Hariom has also been extended the benefit of suspension of sentence and grant of bail vide order dated 08.02.2023 (IA.15329 of 2022) in Criminal Appeal No.550 of 2017 and the appeal is not likely to be decided in the near future. On these grounds, learned counsel for appellant No.1 and 5 submits that the present appellants may also be extended the benefit of suspension of sentence and grant of bail.

Per contra, learned Public Prosecutor, appearing on behalf of the respondent/State, while supporting the impugned judgment submits that no exception can be taken in the matter of suspension of sentence and grant of bail, regard being had to the nature and the gravity of offence found proved against the present appellants.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon the rival contentions so advanced touching the merits of

the case, but regard being had to the fact that present appellants so far has undergone 07 years' and 06 and a half years' incarceration respectively, co- accused Sanjay has been extended the benefit of suspension of sentence in Criminal Appeal No.557 of 2017 vide order dated 04.10.2019 (I.A.7679/19) and Parmanand in Criminal Appeal No.568 of 2017 vide order dated 27.09.2019 Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 3/17/2023 8:00:11 PM

(I.A.No.7306/19) and that co-accused Hariom also has been extended the benefit of suspension of sentence and grant of bail vide order dated 08.02.2023 in Criminal Appeal No.550 of 2017 and the appeal is not likely to be decided in the near future, we are of the view that present appellants are entitled to the benefit of suspension of sentence and grant of bail.

Accordingly, the IAs s tand allowed and it is directed that the jail sentence of appellant No.1-Veer Singh and appellant No.5-Chain Singh shall remain suspended during pendency of the present appeal and they shall be released on bail subject to verification of the factum of depositing the fine amount and on each of them 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. They are directed to appear before the Registry of this Court first on 03/05/2023 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 appellant No.1-Veer Singh and appellant No.5-Chain Singh , their medical examination be conducted through the jail doctor and if it is prima facie found that they are having any symptom of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, appellants shall be released on bail in terms of the conditions imposed in this order;