Madhya Pradesh High Court
Chhinga Ram @ Omprakash vs The State Of Madhya Pradesh on 5 October, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 852 of 2014
(CHHINGA RAM @ OMPRAKASH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 05-10-2023
Shri A.K. Jain and Shri Sanjay Gupta- Advocates for appellants.
Shri Rajeev Upadhyaya- Public Prosecutor for respondent/State.
Heard on I.A.No.18024 of 2023, fifth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.1 Chhingaram @ Omprakash. All his earlier applications for
suspension of sentence and grant of bail have been dismissed as withdrawn.
Present appellant stood convicted under Sections 302 and 302/34 IPC
and sentenced to undergo imprisonment for life with a fine of Rs.5,000/- default
stipulation vide judgment of conviction and order of sentence dated 09.07.2014
passed by II Additional Sessions Judge, Dabra, District Gwalior (M.P.) in
Sessions Trial No.436/2013.
The present appellant so far has undergone jail sentence of 10 years and
03 months.
As per prosecution story, five to six years ago from the date of incident,
Sheela, wife of accused Suresh, had gone along with deceased Mehtab which
flared up animosity between the parties. Deceased Mehtab Singh had been
residing out of village Badera from five to six years. On 11.07.2013, marriage
had to be performed of grand-daughter of Ramkishan in which Mehtab Singh
had come to enjoin. Procession was staying at Primary-Middle School village
Badera Bujurg. In the intervening night of 11-12 July, 2013 between 0000 to
0100 am, Jagram was going to meet Mehtab. As soon as he reached near the
School, accused persons, namely, Suresh and Chhingaram wielding axe,
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 10/6/2023
2:35:12 PM
Dataram and one other accused Manish wielding wooden sticks came there and
having accosted deceased Mehtab about Sheela, assaulted him by inflicting
blows of axe and wooden sticks who succumbed to the injuries sustained by
him on the spot. On screams of Jagram, Hakim, Raghunath and others came on
the spot. On the basis of such information, FIR was registered. Investigation
was set in motion. Upon completion of investigation including recording of
statements, collection of evidence and necessary formalities, challan was filed
before the JMFC, Dabra, District Gwalior (M.P.) from where the case was
committed to the Sessions Court. The Sessions Court on appreciation of
evidence placed on record convicted and sentenced the present appellant.
Learned counsel for appellants while taking exception to the impugned
judgment of conviction and order of sentence submits that the Sessions Court
has not appreciated the evidence placed on record in correct perspective. The
judgment suffers from surmises and conjectures. It is submitted that the
present appellant had no animosity with the deceased and he has falsely been
implicated in the instant case. It is further submitted that present appellant has
so far undergone incarceration of 10 years and 03 months. It is further
submitted that the appeal being of 2014 is not likely to be decided in the near
future. On these grounds, learned counsel submits that the present appellant
may be extended the benefit of suspension of sentence and grant of bail.
Per contra, learned Public Prosecutor, 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, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Signature Not Verified
Upon hearing learned counsel for the parties, though this Court is not
Signed by: PAWAN
DHARKAR
Signing time: 10/6/2023
2:35:12 PM
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
present appellant so far has undergone incarceration of 10 years and 03 months,
and the appeal which is of the year 2014 is not likely to be decided in the near
future, we are of the view that present appellant is entitled to the benefit of
suspension of sentence and grant of bail.
Accordingly, I.A.No.18024 of 2023 stands allowed and it is directed
that the jail sentence of present 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.2,00,000/- (Rupees Two Lacs 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-Chhingaram @ Omprakash directed to appear before the
Registry of this Court first on 06.12.2023 and 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) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 10/6/2023
2:35:12 PM
