Hazari Lal vs The State Of Madhya Pradesh
2023 Latest Caselaw 7688 MP

                                    1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                            CRA No. 3371 of 2023
                     (HAZARI LAL Vs THE STATE OF MADHYA PRADESH)

Dated : 10-05-2023
      Shri Anand Gupta, learned counsel for the appellant.

      Mrs. Anjali Gyanani, learned Public Prosecutor, for the respondent/State.

Heard on IA. No.4495 of 2023, which is first application under Section 389 of Cr.P.C. seeking suspension of sentence and grant of bail moved on behalf of appellant-Hajari Lal.

Appellant-Hajarilal stood convicted under Sections 148 and 307 of IPC

and sentenced to undergo two years RI with fine of Rs.500/- and life imprisonment with fine of Rs.1000/- with default stipulations vide judgment of conviction and order of sentence dated 08.02.2023 passed by Additional Sessions Judge, Kurwai District Vidisha (M.P.) in Sessions Trial No.33/2017.

Appellant has so far undergone jail sentence for the period from 21.4.2017 to 06.09.2017 during trial and since the date of judgment, i.e., 08.02.2023.

As per prosecution story, there is a rivalry between the complainant and appellant over a land dispute. On the fateful day, at about 5 in the evening,

accused persons are alleged to have come to the spot with a common intention and hurled filthy abuses. Co-accused persons namely Moti Banjara and Govind Banjara caught hold of complainant and appellant-Hajari Banjara is alleged to have caused axe blow on the head of the complainant Sirnam Singh. Besides, co-accused Prithvi Banjara and Sukhram are alleged to have assaulted with lathi hitting on his left leg and calf area of right leg. Co-accused Sher Singh and Pratap are also alleged to have caused injury with danda on back of the

complainant. On the basis of aforesaid allegations, the FIR was registered. Investigation was completed and challan was filed and the case was committed to the Sessions Court for trial. The Sessions Court, upon critical evaluation of the evidence available on record and recording of statements, though acquitted the other accused persons under Section 307 of IPC, but convicted the appellant under Section 307 of IPC with the aid of Section 148 of IPC and sentenced him, as referred above.

Shri Gupta, learned counsel for appellant submits that it is a case of false implication. As a sequel to land dispute a concocted FIR has been lodged, based thereupon conviction is ordered. The other accused persons have been

enlarged on bail. The appellant has suffered jail incarceration for almost eight months. The appeal is of the year 2023 and there is no likelihood of early hearing of this appeal in the near future. Hence, learned counsel for the appellant prays for suspension of sentence and grant of bail on behalf of appellant.

Per contra, Mrs. Gyanani, learned Public Prosecutor while supporting the judgment impugned, submits that there is specific allegation against the appellant of causing axe blow on the head of the complainant and there is a wound as per medical record. Therefore, it is a case under Section 307 of IPC. Hence, no exception can be taken in the context of suspension of sentence and grant of bail to the appellant.

Upon hearing learned counsel for the parties, though this Court refrains from commenting on rival contentions touching merits of the case, but in the obtaining facts and circumstances, we consider 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-Hajari Lal shall remain suspended during pendency of present appeal and he shall be

released on bail on her furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court. Appellant-Hajari Lal is directed to appear before the Registry of this Court first on 12th July 2023 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) Appellant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) The concerned Jail Authorities are directed that before releasing the appellant, his medical examination be conducted through the jail doctor and if it is prima facie found that he is having any symptom of COVID-19 then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately;

(iii) On violation of the conditions, State is free to apply for cancellation of bail.

Accordingly, the I.A. stands allowed and disposed of.

Observations on facts, if any, are only for the purpose of disposal of

the instant application for suspension of sentence and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

  (ROHIT ARYA)                                                  (SATYENDRA KUMAR SINGH)
     JUDGE                                                               JUDGE
                                                   YOGESH
                                                   VERMA
                                                   2023.05.11
                                VALSALA
                                VASUDEVAN
                                2018.10.26
                                15:14:29 -07'00'
                                                   11:30:41
                                                   +05'30'

yog