Charan Singh( Abated As Per Court ... vs State Of M.P
2023 Latest Caselaw 5262 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                               CRA No. 921 of 2013
   (CHARAN SINGH( ABATED AS PER COURT ORDER DT.30.09.2022) AND OTHERS Vs STATE OF M.P)

Dated : 29-03-2023
      Shri R.C. Bhargava, learned counsel for the appellant No.4 - Mahendra.

      Heard on IA No.3292/2023, forth application under Section 389 of
Cr.P.C filed on behalf of appellant No.4- Mahendra seeking suspension of
sentence and grant of bail.
      Appellant No.4 - Mahendra stood convicted under Section 304B of IPC
and sentenced to undergo Life Imprisonment with fine of Rs.1000/- with default

stipulation vide judgment of conviction and order of sentence dated 05-10-2013
passed by Additional Sessions Judge, Pichhore, District Shivpuri in Sessions
Trial No. 235 of 2009.
      Appellant No.4 has so far undergone almost 11 years and 09 months of
jail sentence including the period undergone during trial.
      As per prosecution story, initially a missing report was filed on 08-05-
2009 vide No.07 of 2009 at the instance of husband of deceased, Charan Singh
(co-accused) alleging missing of deceased from home on 07-05-2009. In
pursuance of missing report, Head Constable Kaptan Singh initially made an

enquiry on the information received. He found that the dead body of deceased
was lying in a well of village Dulehi. Thereafter, on such information, merg
no.13 of 2007 dated 08-05-2009 under Section 174 of CrPC was recorded.
Investigation started and initially at Crime No.98 of 2009 case was registered
under Section 304-B read with Section 34 of IPC. Upon completion of
investigation, challan was filed before the Judicial Magistrate where-from the
case was committed to the Sessions Court for trial. The Sessions Court, upon
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critical evaluation of evidence available on record and recording of statements,
convicted and sentenced appellant No.4 as referred above.
      Shri Bhargava, learned counsel for the appellant No.4 submits that co-
accused Dharmendra against whom same allegation has been levelled has been
enlarged on bail by this Court vide order dated 30/01/2023 and co-accused
Charan Singh, husband of deceased has already been released on 2nd of
October, 2022 after completion of 10 years of jail sentence by the State
Government and the appeal on his behalf was withdrawn on 30-09-2022
allowing IA No.15535 of 2022 and. Learned counsel further submits that there
is no direct evidence against appellant no.4 and only on the basis of omnibus

allegations, the Sessions Judge has convicted and sentenced the appellant No.4
as referred above. As such, the findings are perverse and based on surmises
and conjectures. Even otherwise, the appellant No.4 has undergone almost 11
years and 09 months of jail sentence. He also seeks parity with co-accused
Dharmendra (supra). The appeal is of the year 2013 and there is no likelihood of
early hearing of this appeal in the near future. Hence, prays for suspension of
sentence and grant of bail on behalf of appellant No.4.
      Per contra, learned Counsel for the State opposes the application
supporting the impugned judgment, however, does not dispute that co-accused
Dharmanedra has been enlarged on bail by this Court vide order dated
30/01/2023

.

Upon hearing learned counsel for the parties, though this Court refrains from commenting on rival contentions touching merits of the case, but regard being had to the fact that the appellant No.4 has already undergone jail sentence for almost 11 years and 09 months as well as maintaining parity with the co- accused Dharmendra (supra), this Court is inclined to allow the application

suspending jail sentence of appellant No.4. Accordingly, it is directed that the jail sentence of appellant No.4 - Mahendra shall remain suspended and he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees one lac only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned. Appellant No.4 - Mahendra is directed to appear before the Registry of this Court first on 02-05- 2023 and on other subsequent dates as may be fixed by Office in this behalf.

Accordingly, IA No.3292/2023 stands allowed and disposed of. Observations on facts, if any, are only for the purpose of disposal of the application for suspension of sentence and shall have no hearing on the merits of the appeal.

Certified copy as per rules.

     (ROHIT ARYA)                               (SATYENDRA KUMAR SINGH)
        JUDGE                                            JUDGE

vc

VARSHA
CHATURVEDI
2023.03.29
18:25:25
+05'30'