Pahalwan Kataria vs The State Of Madhya Pradesh
2023 Latest Caselaw 7855 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 2993 of 2021
                                       (PAHALWAN KATARIA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-05-2023
                                   Mr. D.S. Raghuvanshi, learned counsel for the appellants.

                                   Smt. Anjali Gyanani, learned Public Prosecutor for the respondent -

State.

Heard o n I.A. No.6710/2023, which is first application under Section 389(1) of Cr.P.C. moved on behalf of appellant No.1 - Pahalwan Kataria seeking suspension of sentence and grant of bail.

Appellant No .1 stands convicted under Section 302/149 of IPC and sentenced to undergo life imprisonment with fine of Rs.500/- and under Section 147 of IPC and sentenced to undergo one month RI with fine of Rs.100/- with default stipulation vide judgment of conviction and order of sentence dated 07.04.2021 passed by the Second Additional Sessions Judge, Mungaoli, District Ashoknagar (Madhya Pradesh) in Sessions Trial No.181/2012.

A s per prosecution story, over a trivial issue of grazing of cattle, a dispute arose between the complainant party and accused persons. However, after heated exchanges between the parties, Mohar Singh rushed to his house

and came back with Naval armed with lathi, Babbu, Sanjeev, Rumal, Bharat Singh, Bhura, Gulab Singh and Panjab Singh also came on the spot followed by Kamtabai and Anitabai. Babbu, Rumal and Bharat alleged to have slapped the deceased and Naval assaulted the deceased-Rakesh with lathi hitting on his waist. Thereafter, Mohar Singh is found to have caused forehead injury with lathi resulting into his death. On the aforesaid allegations, FIR was lodged. After completion of investigation, charge sheet was filed and the case was Signature Not Verified Signed by: AMAN TIWARI Signing time: 5/12/2023 6:23:04 PM

committed to the Sessions Court. The Sessions Court upon critical evaluation of the evidence placed on record has convicted and sentenced the appellant as referred above.

Learned counsel for the appellants while taking exception to the impugned judgment of conviction and order of sentence submits that the appellant No.1 is innocent and has falsely been implicated. The Sessions Court did not appreciate the relevant piece of evidence. The judgment is based on surmises and conjecture. No specific overt act is alleged against appellant No.1. He has so far undergone jail incarceration of three months during trial and since the date of judgment i.e. 07.04.2021. It is further submitted that the execution of

jail sentence of appellant No.4-Babulal @ Babbu Kataria, appellant no.2-Bharat Singh Kataria, appellant No.5-Gulab Kataria have already been suspended by this Court vide orders dated 21.01.2022, 06.01.2023, 06.02.2023 respectively. Hence, prays for suspension of sentence and grant of bail.

Per contra, learned counsel for the respondent-State opposes the application and submits that no fault can be found with the conviction order by the Sessions Court under Section 302 read with 149 of IPC as all the accused persons with common object had assaulted the deceased resulting into homicidal death.

Upon hearing counsel for the parties, though this Court refrains from commenting upon rival contentions touching merits of the case but regard being had to the facts and circumstances of the case and that the appellant has suffered jail incarceration of three months during trial and thereafter from the date of impugned judgment till date and there is no likelihood of early hearing of the appeal, this Court is inclined to grant benefit of suspension of sentence and grant of bail to appellant No.1.

Signature Not Verified Signed by: AMAN TIWARI Signing time: 5/12/2023 6:23:04 PM

Accordingly, we allow the application and it is directed that the jail sentence of the appellant No.1 - Pahalwan Kataria 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 Lakh 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.1 is directed to appear before the Registry of this Court on 15.06.2023 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, the medical examination of the appellant 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.6710/2023 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.

Certified copy as per rules.

                            (ROHIT ARYA)                                  (SATYENDRA KUMAR SINGH)
                               JUDGE                                               JUDGE

                          Aman




Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 5/12/2023
6:23:04 PM