Madhya Pradesh High Court
Ramveer Gurjar vs The State Of Madhya Pradesh on 6 October, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 711 of 2020
(RAMVEER GURJAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 06-10-2023
Smt. Sangeeta Pachauri- Advocate for appellants.
Dr. Anjali Gyanani- Public Prosecutor for respondent- State.
Shri Ashirbad Dwivedi- Counsel for the complainant.
Heard on IA.No.17373 of 2023, first application u/Sec. 389(1) of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of
appellant No.3-Sambhu Gurjar.
Vid e judgment dated 21-12-2019 passed by Sessions Judge, District
Sheopur in Sessions Trial No.10 of 2019, the appellant has been convicted
under Section 148 of IPC and sentenced to undergo two years RI with fine of
Rs.2,000/-, life imprisonment with fine of Rs.10,000/- under Section 302 read
with Section 149 of IPC, ten years RI with fine of Rs.10,000/- under Section
449 of IPC, three months RI with fine of Rs.1,000/- under Section 323 read
with Section 149 of IPC and two years RI with fine of Rs.2,000/- under Section
324 of IPC, two years RI with fine of Rs.2,000/- with default stipulations. All
the sentences have been directed to run concurrently.
Prosecution story, in brief, is that on 08-11-2018 at around 02:20 pm,
complainant Harishankarlal Meena (PW1) lodged a dehati nalishi in an injured
condition from the Emergency Ward, District Hospital Sheopur to Shri Punnu
Singh Paraste, Superintendent of Police (Trainee) Police Reserve Centre Dehat,
District Sheopur alleging therein that Ramveer armed with axe, Shambhu Gurjar
(present appellant) and Balram armed with Gadasi, Devnarayan, Omprakash and
Dhanpal armed with lathi, Rambharat and Latoor armed with farsi, Rajendra
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 10/7/2023
12:07:35 PM
and Sukhdev armed with gadasi and Radheyshyam armed with ballam entered
his house due to old enmity. His wife, daughter and sons Yogesh, Pawan and
Jaswant were present in the house. Ramveer and Balram inflicted gadasi blows
on his son Yogesh on his left side of his throat by which he fell down on the
ground. Shambhu, Devnarayan, Latoor, Omprakash, Rambharat, Radheshyam,
Rajendra Sukhdev and Dhanpal unitedly committed marpeet with his son Pawan
by means of gadasi, axe and lathi due to which his son Pawan also sustained
injuries on various parts of his body. Dhanpal again inflicted a lathi blow near
his left eye as a result of which blood started oozing out. On hearing his cries,
Jaswant, his wife, his daughter and persons were present at his house and
Pushpraj, Mahavir and Umesh of village had seen the incident and saved them.
Shambhu ran away from the spot thereafter. He along with his son Yogesh and
Pawan were brought to the hospital in a jeep for treatment where the doctor
declared son Yogesh dead. On the basis of aforesaid dehati nalishi merg no.0
of 2018 was registered. Crime was registered for offence under Sections 452,
323, 147, 148, 307, 302 of IPC. Postmortem of deceased Yogesh was
conducted. Matter was investigated. Spot map was prepared as well as blood-
stained and plain soil were collected. Statements of witnesses were recorded.
Accused were arrested. After completion of investigation and other formalities,
charge sheet was filed before the competent Court from where the case was
committed to the Sessions Court for its trial. After appreciating the prosecution
evidence, the trial Court after conclusion of trial convicted and sentenced the
present appellant along with other co-convicted vide impugned judgment.
Learned counsel for the present appellant submits that the incident took
place due to previous enmity between accused party and complainant party. As
Signature Not Verified
per allegations, although appellant Shambhu was armed with gadasi on the spot
Signed by: SUNEEL DUBEY
Signing time: 10/7/2023
12:07:35 PM
but he did not cause any injury to deceased Yogesh. There is no specific overt
act attributed to the present appellant. The injury sustained by injured Pawan
alleged to be caused by present appellant has not been duly corroborated by
medical evidence. The trial Court committed an illegality in convicting and
sentencing the present appellant for alleged offences. It is further contended that
present appellant-Sambhu Gurjar has already suffered about four and a half
years of jail incarceration. The appeal is of the year 2020 and its final outcome
will take some time. Moreso, similarly placed co-accused/appellant No.5-
Omprakash Gurjar has already been extended benefit of suspension of sentence
by this Court on 31/07/2023. Hence, learned counsel for appellant prays for
suspension of jail sentence and grant of bail to present appellant on the ground
of parity.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the impugned judgment 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.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, but regard being had to the fact that present appellant-Shambhu Gurjar
has already suffered about four and a half year of jail incarceration coupled with
the fact that appeal is of the year 2020 and there is no likelihood of early hearing
of the appeal in near future, in the obtaining facts and circumstances, appellant
No.3-Sambhu Gurjar is held entitled for extension of benefit of suspension of
jail sentence.
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 10/7/2023
12:07:35 PM
Accordingly, we allow the application and it is directed that the jail
sentence of appellant No.3-Sambhu Gurjar shall remain suspended during
pendency of present appeal and he be released on bail 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 No.3-
Sambhu Gurjar is directed to appear before the Registry of this Court first on
07/12/2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, IA.No.17373 of 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) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
(Dubey)
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 10/7/2023
12:07:35 PM
