Madhya Pradesh High Court
Lal Singh vs The State Of Madhya Pradesh on 11 May, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7562 of 2021
(LAL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 11-05-2023
Per Justice Deepak Kumar Agarwal:-
Shri Atul Gupta, learned counsel for appellant No.1 Lal Singh.
Shri Sushant Tiwari, learned counsel for respondent- State.
Heard on I.A.No.8233 of 2023, fourth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.1- Lal Singh. First, second and third suspension applications were
dismissed as withdrawn vide orders dated 28-02-2022, 05-08-2022 and 11-11-
2022 respectively.
Appellant No.1 stood convicted under Section 307/149 (two counts) of
IPC and sentenced to suffer 7 years' R.I. (two counts) along with fine of
Rs.1,000/-, under Section 148 of IPC sentenced to suffer one year R.I. along
with fine of Rs. 200/- and under Section 323/149 of IPC sentenced to pay fine
of Rs.200/- with default stipulations vide judgment of conviction and order of
sentence dated 09.11.2021 passed by Sixth Additional Sessions Judge, Morena
in Sessions Trial No.11 of 2013. All the sentences have been directed to run
concurrently.
As per prosecution story, complainant- Gopal Jatav informed Police
Station Civil Lines, District Morena alleging therein that on 1.9.2012 at about
5.30 pm, his son Ramveer went to Sovaran's shop in village Mungaoli to get
vegetables and other items. He had less money and wanted to take more goods,
therefore, he said that he will give the remaining amount tomorrow on the basis
of which, quarrel between them was started and thereafter, Ramveer left the
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Signed by: MAHENDRA
BARIK
Signing time: 5/12/2023
11:08:59 AM
grocery items and returned to his house. As soon as he reached the house of
Dhansu Jatav, coaccused Sovran carrying a 12 Bore Gun, other accused
Bharat, Punjab, Kalla, Veer Singh and Lal Singh (present appellant) carrying
lathi and Kamal Kishore and Bhura came bare-handed and they started beating
Ramveer. On the information, when complainant Gopal reached the spot at that
time, co-accused Kamal Singh took the gun from Sovran and fired which hit on
the left elbow of Gopal. Co-accused Bhura took the same gun and fired at
Ramveer which hit on his stomach. This incident was witnessed by one Vishal,
Ramveer and other persons. Thereafter, immediately the injured was taken to
the hospital for treatment management of his injuries and complainant Gopa
went to lodge the report. On the basis of aforesaid allegations, an FIR was
lodged. Upon completion of investigation, challan was filed. The case was
committed to Sessions Court for its trial. The Sessions Court upon critical
evaluation of evidence placed on record has convicted and sentenced present
appellant along with other co-accused as aforesaid.
Shri Atul Gupta, learned counsel submits that present appellant is
innocent and has been falsely implicated in the case. The Sessions Court has
not appreciated the evidence in correct perspective and the same suffers from
surmises and conjectures. The gun shot injuries sustained by injured are not
attributed to the present appellant as he was armed with lathi at the time of
incident. The appellant was in custody for some time during trial and after
conviction, he had undergone about ten months. The appeal is of the year 2021
and there is no likelihood of early hearing of this appeal in near future. It is
further submitted that case of present appellant no.1 is identical to that of co-
convicted accused appellant no.2 Veer Singh whose jail sentence has already
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been suspended by this Court by granting bail vide order dated 03-05-2023. On
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BARIK
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the ground of parity, he prayed for suspension of sentence and grant of bail of
appellant No.1 in the obtaining facts and circumstances.
Per contra, learned Counsel for the State opposed the prayer and
supported the impugned judgment.
Upon hearing the learned counsel for the parties as well as maintaining
parity, though this Court refrains from commenting upon the rival contentions
so advanced touching merits of the case coupled with the fact that the appeal is
of the year 2021 and there is no likelihood of early hearing of the appeal, this
Court is of the view that appellant No.1 Lal Singh is entitled to the benefit of
suspension of sentence and grant of bail. Accordingly, I.A. stands allowed and
it is directed that jail sentence of appellant No.1 Lal Singh shall remain
suspended during pendency of the present appeal and he shall be released on
bail subject to verification of factum of depositing the fine amount and on
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety in the like amount to the satisfaction of
Trial Court. He is directed to appear before the Registry of this Court first on
20th November, 2023 and thereafter, on other subsequent dates as may be
fixed in this behalf.
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.
A copy of this order be sent to the concerned Court below for
compliance.
Cc as per rules.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
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Signed by: MAHENDRA
BARIK
Signing time: 5/12/2023
11:08:59 AM
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/12/2023
11:08:59 AM
