Madhya Pradesh High Court
Sanjay 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. 557 of 2017
(SANJAY AND OTHERS Vs THE STATE OF MADHYA PRADESH THR)
Dated : 17-03-2023
Shri Atul Gupta-Advocate for appellant No.2-Sonu @ Sukhveer Singh.
Shri R.K. Awasthy- Public Prosecutor for respondent/State.
Heard on I.A.No.3919 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.2-Sonu @ Sukhveer Singh. His earlier application (IA.3783 of
2022) has been dismissed as withdrawn vide order dated 07.11.2022.
Appellant No.2-Sonu @ Sukhveer Singh so far has undergone 06 and
half years' incarceration.
Appellant No.2-Sonu @ Sukhveer Singh stood convicted under Sections
302/149, 148, 325/149, 323/149 IPC and sentenced to undergo imprisonment
for life with a fine of Rs.1,000/-, two years' RI with a fine of Rs.500/-, three
years' RI with a fine of Rs.500/- and six months' RI respectively with default
stipulations vide judgment of conviction and order of sentence dated
06.04.2017 passed by Special 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,
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Signed by: PAWAN
DHARKAR
Signing time: 3/17/2023
8:00:11 PM
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 appellant.
Shri Gupta , learned counsel for appellant No.2-Sonu @ Sukhveer Singh,
while taking exception to the impugned judgment submits that Sessions Court
has not appreciated the evidence placed on record in correct perspective. The
judgment suffers from surmises and conjectures. It is further submitted that
present appellant so far has undergone 06 and a half years' incarceration. 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
Signature Not Verified
decided in the near future. On these grounds, learned counsel for appellant No.2
Signed by: PAWAN
DHARKAR
Signing time: 3/17/2023
8:00:11 PM
submits that the present appellant 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 appellant.
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 appellant so far has
undergone 06 and a half years' incarceration, 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) 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 appellant is entitled to the benefit of suspension of
sentence and grant of bail.
Accordingly, I.A.No.3919 of 2023 stands allowed and it is directed
that the jail sentence of appellant No.2-Sonu @ Sukhveer Singh shall remain
suspended during pendency of the present appeal and he shall be released on
bail subject to verification of the factum of depositing the fine amount and on
his 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
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 3/17/2023
8:00:11 PM
Trial Court. He is 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.2-Sonu @ Sukhveer Singh, his medical examination
be conducted through the jail doctor and if it is prima facie found
that he is having any symptom of COVID-19, then the
consequential follow up action or any further test required be
undertaken immediately. If not, appellant shall be released on bail
in terms of the conditions imposed in this order;
(ii) in case of violation of conditions, State is free to apply for
cancellation of bail.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 3/17/2023
8:00:11 PM
