Madhya Pradesh High Court
Dinesh Singh Bais vs The State Of Madhya Pradesh on 6 October, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 7604 of 2018
(DINESH SINGH BAIS Vs THE STATE OF MADHYA PRADESH)
Dated : 06-10-2023
Shri Vivek Singh, learned counsel for the appellant.
Shri G.S.Chouhan, learned Dy. G.A. for the respondent/State.
Heard on I.A. No.4609/2023, which is first application for suspension
of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf
of appellant-Dinesh Singh Bais.
2. The trial Court has convicted the appellant vide judgment of conviction
and order of sentence dated 20.09.2018 in S.T. No.2100096/2008 passed by
the Special Judge, SC/ST (P.A.) Act, Dewas as under:-
Conviction Sentence
Session & Act Imprisonment Fine Imprisonment in lieu of fine
341 of the IPC - Rs.500/- Addl. 1 month.
342 of the IPC 3 months Rs.500/- Addl. 1 month.
302/34 of the IPC Life Imprisonment Rs.10,000/- Addl. 6 months.
3. Prosecution story in brief is that, on 09.11.2007 at around 5:30 p.m.
present appellant and co-accused persons Mohan Singh Bais, Rajendra Singh,
Jujjar Singh Bais and Harinarayan in furtherance of their common intention to
kill the deceased Dilawar, appellant Dinesh and co-accused Rajendra caught
hold the deceased Dilawar and co-accused Mohan Singh Bais, stabbed on
stomach and chest of deceased Dilawar and deceased was taken to the hospital
but he died.
4. Learned counsel for the appellant submits that the appellant has not
committed any offence. He has falsely been implicated in the case. At the time
of incident, the appellant and co-accused persons entered in the office of daily
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 09-10-2023
16:01:42
newspaper Nai Duniya with intent to kill co-accused Bhagwan and deceased
gave blow to Mohan Singh. Mohan Singh received four incised wound on his
body but prosecution has not given any explanation about injuries received by
Mohan Singh. As alleged appellant had not given any blow to deceased Dilawar.
There are material contradictions and omissions in the statement of witnesses
Prithviraj (P.W.-2), Yuvraj (P.W.-3) and Raiz (P.W.-5) in respect of act
attributed by the appellant. Prosecution has failed to establish his case beyond
reasonable doubt. The trial Court has not appreciated the statement of
prosecution witnesses as well as defense witnesses properly and has wrongly
convicted the appellant. It is further submitted that the appellant is in custody
since 20.09.2018. Final hearing of this appeal is not possible in near future
therefore, it is prayed that the remaining jail sentence of the appellant may be
suspended and he may be released on bail.
5. Learned Dy. Govt. Advocate for the respondent/State has opposed
the prayer of the appellant.
6. We have heard learned counsel for both the parties and perused the
record.
7. Looking to the facts and circumstances of the case, coupled with the
fact that the final hearing of this appeal is not possible in near future, without
expressing any opinion on merits of the case, the application I.A.
No.4609/2023 is allowed and the jail sentence of the appellant shall remain
suspended.
8. It is directed that subject to depositing the fine amount, if already not
deposited, appellant-DINESH SINGH BAIS shall be released on bail, on
furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) along with solvent surety in the like amount to the satisfaction of trial
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 09-10-2023
16:01:42
Court, for his appearance before the Registry of this Court firstly on
04.12.2023, and on such other dates, as may be fixed by the Registry in this
regard, till final disposal of this appeal.
9. I.A. No.4610/2023 for urgent hearing stands closed.
10. List for final hearing in due course.
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
ajit
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 09-10-2023
16:01:42
