Manohar @ Manoharsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7301 MP

                                                            1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                     CRA No. 2207 of 2018
                                (MANOHAR @ MANOHARSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 04-05-2023
                               Ms. Sharmila Sharma, learned counsel for the appellant.

                               Shri Amit Rawal, learned Govt. Advocate for the respondent/State.

I.A.No.3227/2023, an application for urgent hearing is taken up for hearing and the same is allowed.

Heard on I.A. No.3226/2023, which is second application under Section

389 of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant No.2 - Shyamlal.

First application I.A. No.7005/2018 was dismissed vide order dated 29.03.2019.

T h e present appellant along with three other appellants have been convicted for the offences punishable under Sections 302/34, 325/34, 323/34 of the Indian Penal Code and sentenced to undergo Life Imprisonment along with fine of Rs.1,000/-, three years' rigorous imprisonment along with fine of Rs.1,000/- and one year's rigorous imprisonment along with fine of Rs.500/-

respectively. With default clause to further undergo one year's, eight months' and three months' rigorous imprisonment.

As per prosecution on 23.10.2015 at about 11:30, way of Manohar was obstructed by Ramchandra, Asharam and Makhkhan because of their previous enmity. Asharam pelted stone which hit on the head of Manohar, Makhkhan caused injury was by stick and Ramsingh caused injury by way of kicks and fists. When Manohar shouted, Shyam came to save him. Thereafter, all the above three have assaulted him by kicks and fists and fled away from the spot. Signature Not Verified Signed by: SUMATHI Signing time:

5/4/2023 5:56:26 PM

A report was lodged at Police Station Shajapur registered at Crime No.643/2015 under Sections 341, 323, 294, 506, 34 of the IPC. Asharam and Makhkhan were tried and vide judgment dated 16.02.2018, they have been convicted under Section 323/34 of the IPC. On the same day at 10:00 pm in front of the house of Ramesh Jaiswal, a dispute arose due to parking of bullock cart by appellants. These four appellants namely Manohar, Shyamlal, Ramchandra and Badri assaulted Asharam and Ramlal for which F.I.R. was lodged at Crime No.647/2015 under Section 323, 294, 324, 506, 34 of the IPC. Later on, Ramlal died and accordingly, Section 302 of the IPC was also added. All the four appellants were arrested and put to trial under Sections 302/34,

325/34, 323/34, 294 and 506 Part-II of the IPC. The trial Court after evaluating the evidence came on record, convicted the appellants under Sections 302/34, 325/34 and 323/34 of the IPC.

Learned counsel for the appellant submits that there are omnibus allegations against all the four accused persons. Monohar Lodged an F.I.R. at Crime No.643/2015 against Asharam and Ramlal and as a counter blast, they lodged the present F.I.R. Ramchandra and his two sons namely Makhkhan and Badri were having previous enmity with them. Ramlal fell down from the bullock cart and sustained head injuries and a false case has been registered against him. He died on 03.11.2015, whereas the incident took place on 23.10.2015. She has referred to the statement of Asharam (P.W-2) and as per his statement, Manohar caused injuries by way of saliya on the head of Ramlal and other accused have assaulted by means of stick. As per the opinion of Dr. S. Shivram (P.W-9), all the injuries caused on the head were caused by one stroke and apart from that no other other injuries were found on the body of the

Signature Not Verified injured, therefore, this appellant is entitled for benefit of suspension of sentence. Signed by: SUMATHI Signing time:

5/4/2023 5:56:26 PM

Co-accused Ramchandra has been granted the benefit of suspension by this Court vide order dated 25.07.2022 and the allegation against the present appellant is similar to that of Ramchandra. Main injury was caused by appellant no.1 Manohar. This is an appeal of 2018 and there is no likelihood of early disposal of this appeal looking to the pendency of the cases.

Learned Government Advocate for the respondent / State opposes the application and prays for its rejection.

Keeping in view of the aforesaid grounds raised by learned counsel for the parties and after perusal of the record, we deem it proper to suspend the remaining jail sentence of this appellant. Accordingly, I.A. No.3226/2023 stands allowed.

The execution of remaining jail sentence of appellant No.2- Shyamlal is hereby suspended and it is ordered that the appellant be released on bail upon his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the concerned Trial Court on 23.11.2023 and also on such other dates, as may be fixed by the concerned trial Court in this regard during the pendency of this appeal. The present appeal has already been admitted.

I.A. Nos.3227/2023 and 3226/2023 stands disposed of. List the appeal for final hearing in due course.

Certified copy, as per rules.

                           (VIVEK RUSIA)                                                 (ANIL VERMA)
                              JUDGE                                                          JUDGE
Signature Not Verified
Signed by: SUMATHI
Signing time:
5/4/2023 5:56:26 PM

                         sumathi




Signature Not Verified
Signed by: SUMATHI
Signing time:
5/4/2023 5:56:26 PM