Madhya Pradesh High Court
Meharban vs State Of M.P. on 9 May, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 738 of 2013
(MEHARBAN AND OTHERS Vs STATE OF M.P.)
Dated : 09-05-2023
Mr. Anoop Nigam - Advocate for the appellants.
Mr. Rajesh Shukla - Additional Advocate General for respondent -
State.
Heard on I.A.No.6439 of 2023, seventh application under Section
389(1) Cr. P.C. moved on behalf of appellant No.1- Meharban Singh seeking
suspension of sentence and grant of bail.
Appellant No.1-Meharban Singh stood convicted under Section 302/149
IPC and sentenced to undergo imprisonment for life with a fine of Rs.5,000/-,
under Section 325/149 and sentenced to undergo two years imprisonment with
fine of Rs.500/- and under Section 323/149 of IPC and sentenced to undergo
three months imprisonment, with default stipulation vide judgment of conviction
and order of sentence dated 25.07.2013 passed by Additional Sessions Judge,
Mugaoli, District Ashoknagar in Sessions Trial No.198/2009.
Appellant so far has undergone incarceration of 10 years, 1 month and 2
days as on 09.05.2023 as communicated through the official communication of
Central Jail Gwalior and apprised us by Additional Advocate General.
As per story of prosecution, the agricultural land of the complainant and
the accused parties are adjacent to each other. On the fateful day, i.e. on
31.03.2009 at about 11 am while sister-in-law (Bhabi) of the complainant -
Bhagwan Singh was collecting wheat grown on the field, accused parties armed
with lathi and hasiya with common intention came on spot and objected to the
act of sister-in-law Seetabai, to which she denied and claimed to have been
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 10-May-23
10:40:29 AM
collecting it of the wheat grown on her filed. Over which, heated exchanges
took place. Thereafter, the accused parties started beating her with lathi and
hasiya. She raised alarm. As a result, her father Pahad Singh and brother
Lalaram came to rescue her. They were also given brutal beating by the accused
parties. Thereafter, relatives of the complainant, Ramdevi, Savita and Gajram
(since deceased) also came on the spot to rescue her but due to indiscriminate
beating by the accused parties, her brother Gajram - deceased died on the spot.
As per medical evidence, complainant parties had suffered numbers of injuries
as well discussed in paras 18, 19, 25 and 26 of the impugned judgment. Upon
completion of investigation, challan was filed. The case was committed to the
Sessions Court for trial. The Sessions Court upon critical evaluation of the
evidence placed on record and examination of witnesses convicted and
sentenced the present appellant along with other co-accused, as aforesaid.
Mr. Anoop Nigam - learned counsel for the appellants primarily argued
for suspension of sentence on the strength of long jail incarceration. Besides,
appellant No.4 - Om Prakash has also been extended the benefit of suspension
of sentence. Under such circumstances, prayer i s made for suspension of
sentence and grant of bail to the present appellant.
Per contra, Mr. Shukla, learned Additional Advocate General while
supporting the impugned judgment interalia submits that there is ample ocular
evidence besides medical evidence, whereupon the charges have been found
proved. The judgment is impeccable. Therefore, no exception can be taken in
the matter of suspension of sentence and grant of bail to the present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions touching merits of the case but
Signature Not Verified
looking to the period of incarceration suffered by the present appellant i.e. 10
Signed by: BARKHA
SHARMA
Signing time: 10-May-23
10:40:29 AM
years, 1 month and 2 days without remission and with remission 14 years and
03 months and the appeal being of the year 2013, we deem it appropriate to
extend the benefit of suspension of sentence and grant of bail to the present
appellant.
Accordingly, it is directed that the jail sentence of appellant No.1-
Meharban Singh shall remain suspended and he shall be released on bail,
subject to verification of amount of fine being deposited 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 Trial Court. Appellant
No.1- Meharban Singh is directed to appear before the Registry of this Court
first on 12-07-2023 and on other subsequent dates as may be fixed by the
Office in this behalf.
Accordingly, IA No.6439 of 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
bj/-
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 10-May-23
10:40:29 AM
