Niranjan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7020 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 112 of 2015
            (NIRANJAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 01-05-2023
      Shri Atul Gupta, learned counsel for appellants No.1 & 6.

      Shri M.S. Rana, learned counsel for appellant No.7.
      Shri Rajesh Shukla, learned Additional Advocate General for the
respondent/State.

Shri Vinod Pathak, learned counsel for the complainant. Heard on I.A. No. 7496 of 2023, which is third repeat application under

Section 389(1) of Cr.P.C. moved on behalf of the appellant No.6- Pooran @ Pulinder seeking suspension of sentence and grant of bail. Earlier applications were dismissed as withdrawn.

Appellant No .6 stands convicted under Section 302/149 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.10,000/-; Section 307 of IPC and sentenced to undergo 07 years' RI with fine of Rs.2,000/- and under section 148 of IPC and sentenced to undergo 03 years' RI with fine of Rs.1,000/- with default stipulations respectively vide judgment of conviction and order of sentence dated 29/01/2015 passed by Additional Sessions Judge

Gohad, District - Bhind in Sessions Trial No.141/2011.

Appellant No.6 - Pooran @ Pulinder so far has undergone eight and half years approximately including the period suffered during trial.

Before adverting to the facts, it is expedient to observe that co-accused persons appellant No.1-Niranjan Singh, appellant No.2-Narayan Singh, appellant No.3-Yogendra Singh, appellant No.4-Anil and appellant No.5-Ashok Singh have been extended the benefit of suspension of sentence by this Court.

A s per prosecution story, on 20/11/2010 at about 7:30 am, while complainant Vikram Singh (PW-1) alongwith his brother Kalyan Singh (since deceased) were putting cow dung near the house of Kaptan Singh at that time co-accused Anil armed with lathi, Yogendra Singh with 315 bore country made pistol, Surendra Singh and Badan Singh with mouser gun, Niranjan and Narayan with lathi, Ashok with 12 bore double barrel gun, with common intention and motive reached the spot and started beating the deceased Kalyan Singh dragging him to the house of Kaptan Singh. When complainant came to rescue Kalyan Singh, he suffered injuries at the hands of Anil and Pulandar with lathi and axe on the head, nose, face and other parts of the body. His younger

brother Kalyan Singh suffered gunshot injury on thigh, neck and back. Thereafter, he fell down resulting into homicidal death. Based whereupon, FIR was registered at Crime No.251/10 at Police Station Gohad (Ex.P-2). Upon collection of relevant material and witnesses, challan was filed. Thereafter, case was committed to the Sessions Court for trial. The Sessions Court upon critical evaluation of the evidence placed on record has convicted and sentenced appellant No.6 alongwith other co-accused persons as referred above.

Shri Atul Gupta, learned counsel for the appellant No.6 while taking exception to the impugned judgment inter alia submits that the Sessions Court did not appreciate the evidence in right perspective qua appellant No.6-Pooran @ Pulinder. The co-accused Anil has already been granted benefit of suspension of sentence by this Court vide order dated 28.11.2016 and the case of the present appellant is similar to co-accused, hence, he may be given benefit of suspension of sentence on the ground of parity. Moreso, the appellant No.6- Pooran @ Pulinder has already undergone about eight and half years'

incarceration. Appeal is of the year 2015 and there is no likelihood of early hearing of this appeal in the near future. Under such circumstance, learned counsel prays for suspension of sentence and grant of bail to appellant No.6.

Per contra, Shri Rajesh Shukla, learned Additional Advocate General and Shri Vinod Pathak, learned counsel for the complainant while supporting the impugned judgment submits that there is no parity with the co-accused Anil owing to the fact that Anil was armed with lathi, whereas appellant No.6- Pooran @ Pulinder was armed with axe and inflicted injuries to complainant Vikram Singh.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case, but regard being had to the fact that appellant No.6 has already suffered jail incarceration of about eight and half years and that appeal is of the year 2015 and there is no likelihood of early hearing of the appeal albeit paper book is ready, appellant No.6-Pooran @ Pulinder is held entitled for suspension of jail sentence.

Accordingly, it is directed that the jail sentence of the appellant No.6-Pooran @ Pulinder shall remain suspended and he be released on bail 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

trial Court subject to verification of factum regarding deposit of fine amount. Appellant No.6-Pooran @ Pulinder is directed to appear before the Registry of this Court on 04/07/2023 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 the appellant No.6, the medical examination of the

appellant No.6 be conducted through the jail doctor and if it is prima facie found that she is having any symptoms 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) On violation of conditions, State is free to apply for cancellation of bail.

Accordingly, I.A. No. 7496 of 2023 stands allowed and disposed of.

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.

I.A. No. 5374 of 2019 has been filed on behalf of appellant No.7- Surendra Singh under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail.

Let factum of total period of jail incarceration undergone by the appellant No.7-Surendra Singh be ascertained from the concerned jail.

List this case on 10.05.2023.

Certified copy as per rules.

   (ROHIT ARYA)                                         (SATYENDRA KUMAR SINGH)
      JUDGE                                                      JUDGE

Aman
  AMAN TIWARI
  2023.05.02
  10:01:14 +05'30'