Madhya Pradesh High Court
Krashngopal Das vs The State Of Madhya Pradesh on 20 March, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12111 of 2022
(KRASHNGOPAL DAS Vs THE STATE OF MADHYA PRADESH)
Dated : 20-03-2023
Shri Dinesh Singh Tomar, learned counsel for the appellant.
Shri Nitin Goyal, learned counsel for the respondent- State.
Heard on IA No. 4733 of 2023, which is the first application u/Sec. 389
(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of
appellant.
Vide judgment of conviction and order of sentence 10-12-2022 passed
by First Additional Sessions Judge, Ganj Basoda, District Vidisha, in Sessions
Trial No. 200265 of 2015, the appellant has been convicted under Section
307/34 ( two counts) of IPC and sentenced to undergo rigorous imprisonment
of five-five years with fine of Rs.2,000- 2,000/- with default stipulation and he
has further been convicted under Section 324/34 of IPC and sentenced to
undergo one year RI with fine of Rs.1,000/- with default stipulation. Both the
sentences have been directed to run concurrently.
According to prosecution case, on 20-02-2015 complainant Balkrishna
Sharma lodged a report at Police Station Tyonda alleging therein that at around
05:00 in the evening at the outside of Khaki Baba Mandir, present appellant
Krishnagopal Das along with other co-accused namely Maharaj Giri and Sachin
alias Shyam Giri abused in filthy language at Govardhan Maharaj. When he
objected to it as to why they are abusing on his brother, then present appellant
with common intention to kill assaulted on his head by means of farsa and
Mararaj Giri inflicted blow of iron rod by which blood started oozing out. On
seeing him, when Govardhan Maharaj reached there, co-accused Sachin alias
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 3/20/2023
5:58:34 PM
Shyam Giri also inflicted farsa blow and Maharaj Giri also inflicted by an iron
rod. When Anand came for rescue, all the three accused inflicted by means of
farsa and rod, due which blood started oozing out. Nearby people like Tinku,
Vivek Viswakarma and Moharlal intervened in the matter. On the basis of
which, Crime No.38 of 2015 was registered vide Ex.P1. After completion of
investigation and other formalities, charge sheet was filed. After conclusion of
trial, the trial Court convicted the present appellant for commission of offence
as mentioned above.
Learned counsel for the appellant has drawn attention to para 41 and 42
of the impugned judgment and contended in the same incident, appellant had
also lodged a cross-FIR against the injured persons by which offence under
Section 326 of IPC was registered and trial in that case is going on. The
appellant during trial and after passing the impugned judgment has already
served more than four months of jail sentence. As per MLC, there was no
fracture found on the body of injured. The disposal of appeal will take some
time. Fine amount has already been deposited by him. Hence, prayed for
suspension of jail sentence and grant of bail.
Learned counsel for the State opposed the application and prayed for its
rejection.
Considering the facts and circumstances of the case, but without
commenting upon merits of the case, IA is allowed and it is directed that jail
sentence of appellant will remain under suspension subject to verification of fine
amount if deposited by appellant and on furnishing bail bond of Rs.25,000/-
(Rupees twenty five thousand Only) with one solvent surety of the like
amount to the satisfaction of concerned Trial Court for his appearance before
the Principal Registrar of this Court on 7th August, 2023 and on such further
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 3/20/2023
5:58:34 PM
dates as may be fixed by the office in this regard till disposal of the appeal.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 3/20/2023
5:58:34 PM
