Madhya Pradesh High Court
Boby @ Manoj vs State Of M.P. on 11 October, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1054 of 2013
(BOBY @ MANOJ AND OTHERS Vs STATE OF M.P.)
Dated : 11-10-2023
Shri A.K. Jain- Advocate for the appellant No.3-Arun Sithole.
Shri Rajesh Shukla-AAG for respondent/State.
Heard o n I.A.No.17462/2023, third repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.3-Arun Sithole.
Appellant No.3-Arun Sithole stood convicted under Section 302/34 of
IPC and sentenced to undergo imprisonment for life with a fine of Rs.1,000/-
and under Section 324/34 of IPC and sentenced to undergo one year's R.I. with
fine of Rs.100/-with default stipulations vide judgment of conviction and order
of sentence dated 29/11/2013 passed by Fourth Additional Sessions Judge,
Gwalior (M.P.) in Sessions Trial No.411/2012.
As reflected from the letter dated 6/10/2023 received from the office of
Superintendent, Central Jail Gwalior, appellant No.3-Arun Sithole so far has
suffered jail sentence of 11 years, 4 months and 12 days without remission and
with remission, 15 years, 11 months and 9 days.
The case of the prosecution in brief is that on 20/05/2012, at about 2:30
p.m., complainant Ashish Gupta informed in Police Station Indarganj, Gwalior
that on 20/05/2012, at about 1:30 p.m., due to old enmity, Bobby alias Manoj
Rathore and Arun Sithole (present appellant) armed with sword and Dileep
Rathore together were beating the Banti Sharma alias Gyandatt Sharma with
swords and danda and with an intention to kill, caused fatal injuries on his neck
and hand as a result of which he died. When the complaint and one Durga
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 10/12/2023
2:24:08 PM
Prasad tried to save him, Bobby Rathore gave him fatal injury on his right wrist
and shoulder of his right hand and Dileep Rathore hit the lathi blow on the
shoulder of Durga Prasad and thereafter, all the three persons ran away from the
spot. On such information, FIR was registered at Crime Case No.263/2012 and
investigation was set in motion. Upon completion of investigation including
recording of statements, collection of evidence and necessary formalities,
challan was filed before the Judicial Magistrate First Class, Gwalior, 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 the appellants 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, present appellant so far has undergone incarceration of 11 years, 4
months and 12 days without remission and with remission, 15 years, 11 months
and 9 days as reflected from the letter dated 6/10/2023 received from the office
of Superintendent, Central Jail Gwalior. The appeal is of the year 2013 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 present appellant-
Arun Sithole primarily on the ground of long jail incarceration.
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
looking to the nature and the gravity of offence.
Signature Not Verified
Upon hearing learned counsel for the parties, though this Court is not
Signed by: SUNEEL DUBEY
Signing time: 10/12/2023
2:24:08 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
appellant No.3-Arun Sithole so far has undergone incarceration of 11 years, 4
months and 12 days without remission and with remission, 15 years, 11 months
and 9 days as reflected from the letter dated 6/10/2023 received from the office
of Superintendent, Central Jail Gwalior, coupled with the fact that the appeal is
pending since 2013 and is not likely to be decided in the near future, we are of
the view that appellant No.3-Arun Sithole is entitled to the benefit of suspension
of sentence and grant of bail.
Accordingly, I.A.No.17462 of 2023 stands allowed and it is directed
that the jail sentence of appellant No.3-Arun Sithole shall remain suspended
during pendency of the instant 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.3 - Arun Sithole is directed to appear before the Registry of
this Court first on 12/12/2023 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) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 10/12/2023
2:24:08 PM
(Dubey)
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 10/12/2023
2:24:08 PM
