Madhya Pradesh High Court
Meharban vs State Of M.P. on 12 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 : 12-05-2023
Shri Anoop Nigam - Advocate for the appellants.
Shri A.K. Nirankari - Public Prosecutor for the respondent/State.
Heard on I.A.No.8701 of 2023, third application under Section 389(1)
Cr. P.C. moved on behalf of appellant No.3- Malkhan Singh seeking
suspension of sentence and grant of bail.
Appellant No.3-Malkhan 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 more than 10 years.
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
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 appellant primarily argued for
suspension of sentence on the strength of long jail incarceration. Besides,
appellant No.1 - Meharban Singh 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, Shri Nirankari 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
looking to the period of incarceration suffered by the present appellant more
than 10 years without remission and with remission 14 years 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.3-
Malkhan 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.3- Malkhan 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.8701 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
(alok)
ALOK KUMAR
2023.05.12
17:14:15 +05'30'
