Gabbar Dhobi vs The State Of Madhya Pradesh
2023 Latest Caselaw 16903 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                       CRA No. 9384 of 2023
                                              (GABBAR DHOBI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-10-2023
                                 Shri Rajmani Bansal, learned counsel for the appellant.

                                 Shri Sushant Tiwari appearing on behalf of Advocate General.
                                 Heard on the question of admission.
                                 Being arguable, the appeal is admitted for final hearing.
                                 Heard on I.A.No.13489/2023, which is first application for suspension of
                           sentence and grant of bail on behalf of the appellant.

                                 Appellant, aged about 43 years stands convicted under Sections 307 of
                           IPC and sentenced to undergo RI for 5 years with fine of Rs.1000/-, Section
                           324 of IPC and sentence to undergo RI for 2 years with fine of Rs.500/- and
                           Section 148 of IPC and sentenced to undergo RI for one year with default
                           stipulations    vide impugned judgment of conviction and sentence dated
                           08.07.2023 passed by Additional Sessions Judge, Special Court No.4 (under
                           Electricity Act), Gwalior in Session Trial No.16000074/2016.
                                 Learned counsel for the appellant, in addition to the ground mentioned in
                           t h e application, submits that no specific individual act is attributed to the

                           appellant. Injured/complainant Bhagirath and other witnesses Sunny have made
                           omnibus statement regarding involvement of present appellant in the alleged act
                           of   causing injuries to Bhagirath, Sunny and Hakim Singh. Learned counsel
                           further submits that injury caused to Bhagirath, Sunny and Hakim Singh are
                           simple in nature, therefore offence of attempt to murder is not made out.
                           Further, as per case of the prosecution, present appellant was carrying lathi at
                           the time of incident. No specific injury can be attributed to the appellant. The
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 12/10/2023
10:28:11 AM
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                           learned Trial Court has committed an error in convicting and sentencing the
                           present appellant without appreciating the prosecution evidence properly. There
                           are material contradictions and omissions in the evidence of witnesses. The
                           appellant was on bail during trial and he did not misuse the liberty so granted to
                           him. Fine amount has already been deposited by the appellant. Appellant is in
                           jail since 08/07/2023.
                                 Learned counsel referring to Para 13 of the judgment and statement of
                           Medical officer Dr. OPS Chauhan (PW12) in Para 2 and the conclusion of
                           learned trial Court in Para 48 and 50 of the judgment contends that the
                           prosecution failed to prove that injuries caused to Bhagirath Singh and Hakim

                           are grievous or life threatening. Rather, the injuries were simple in nature.
                           Therefore, offence of attempt to murder is not made out.
                                 Learned Counsel further submitted that co-appellant Sallu @ Salu Dhobi
                           and Sikandar have been granted benefit of suspension of sentence. There is no
                           likelihood of hearing of appeal in near future.
                                 On these grounds, learned counsel prays that execution of remaining jail
                           sentence of appellant may be suspended and he may be enlarged on bail.
                                 Per contra, learned counsel for the respondent/State opposed the

application and prayed for its rejection.

Upon hearing learned Counsel for parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of remaining jail sentence of appellant Gabbar Dhobi shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 12/10/2023 10:28:11 AM

Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 01/12/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A.No.13489/2023 stands allowed and disposed of. List for final hearing in due course. Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Rks

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 12/10/2023 10:28:11 AM