Madhya Pradesh High Court
Shyamveersingh vs The State Of Madhya Pradesh on 8 November, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 265 of 2016
(SHYAMVEERSINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 08-11-2023
Shri R.K.Dubey - Advocate for appellant.
Shri Vijay Sundaram - Panel Lawyer for respondent/State.
Heard on I.A.No.6006 of 2022, third application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of sole
appellant Shyamveersingh Pawaiya. Earlier applications were dismissed as
withdrawn.
Appellant stands convicted under Section 302 of IPC and sentenced to
undergo imprisonment for life with a fine of Rs.500/- with default stipulations
vide judgment of conviction and order of sentence dated 08.01.2016 passed by
First Additional Sessions Judge, Dabra, District Gwalior (M.P.) in Sessions
Trial No.460/2014.
The present appellant so far has already undergone jail sentence of 9
years 5 months and 16 days.
The prosecution story, as found proved, is that on 20.05.2014
complainant Smt. Radhabai was brought to C.H.C. Bhitarwar in burnt
condition, information of which was given by Dr.Yashwant Sharma to Police
Station Bhitarwar. On such information, SHO Bhitarwar reached at C.H.C.
Bhitarwar and the statement of Radha was taken in which she stated that on
20.05.2014 at about 1.00 PM she was at home with her husband. Her mobile
was with her husband. When she demanded her mobile he did not give. When
she snatched the mobile then there was fight between them due to which
appellant poured kerosene oil on her with intention to kill her and set her on
fire. On the basis of such information, dehati nalishi was recorded and
accordingly Crime No.153/2014 was registered against the appellant for the
offence under Section 307 of IPC. During treatment complainant Radha died
and accordingly Section 302 of IPC was also added. Thereafter investigation
was set in motion. Upon completion of investigation including recording of
statements, collection of evidence and necessary formalities, challan was filed.
On committal, the Sessions Court on appreciation of evidence placed on record
convicted and sentenced the present appellant as aforesaid.
Learned counsel for the appellant, while taking exception to the impugned
judgment of conviction and order of sentence, submits that present appellant is
innocent and has been falsely implicated. The impugned judgment is based on
surmises and conjectures and suffers from vice of perversity. Besides, appellant
so far has suffered actual jail sentence of 9 years, 5 months and 16 days. It is
further submitted that instant appeal is of the year 2016 and there is no
likelihood of early hearing of the appeal in the near future. Hence, learned
counsel prays for suspension of sentence and grant of bail to appellant on the
ground of long incarceration.
Per contra, learned Panel Lawyer appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of bail
to present appellant looking to the nature and the gravity of offence.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
appellant so far has suffered actual jail sentence of 9 years, 5 months and 16
days coupled with the fact that the appeal is pending since 2016 and is not likely
to be decided in the near future, we are of the view that appellant is entitled to
the benefit of suspension of sentence and grant of bail.
Accordingly, I.A.No.6006 of 2022 stands allowed and it is directed
that the jail sentence of appellant shall remain suspended during pendency of the
present appeal and he shall be released on bail subject to verification of the
factum of depositing the fine amount and on his furnishing a personal bond in
the sum of Rs.1,00,000/- (Rupees One Lac 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 is directed to appear before the Registry of this Court first on
2/01/2024 and thereafter, on other subsequent dates as may be fixed in this
behalf.
Accordingly, the said IA 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) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
SP
SANJEEV
KUMAR PHANSE
2023.11.09
10:16:35 +05'30'
