Imaratsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17543 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                        CRA No. 11629 of 2023
                                           (IMARATSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                  Mr. B.S. Gour - Advocate for the appellants.

                                  Mrs. Abha Mishra - Public Prosecutor for respondent/State.

Mr. Shashi Kumar Khare - Advocate for the respondent/ complainant. I.A. No. 19421 of 2021, an application for taking additional documents on record is taken up, considered and allowed.

The documents are directed to be taken on record.

Heard on I.A. No. 17772 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants No. 5 and 7 Mohan Singh and Badan Singh.

This Criminal Appeal assails the judgment dated 25.08.2023 passed by 3rd Additional Sessions Judge, Ganjbasoda, District Vidisha in Special Session Trial No.03/2018, whereby appellants have been convicted under Sections 148, 325/149 and 307/149 of IPC and have been sentenced to undergo rigorous imprisonment of 6 months with fine of Rs.500/-, 02 years with fine of Rs.1000/- and 7 years with fine of Rs.2000/- respectively with default

stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly been convicted the appellants without proper appreciation of facts of the case as well as evidence available on record. It is further submitted that a cross case bearing Crime No. 94 of 2017 has also been registered on the report of accused persons against complainant party under Sections 147, 148, 149, 307, 323, 325 and 302 of IPC. Further submission is that present FIR is a Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/20/2023 10:36:45 AM

counter blast of that FIR which is evident from the fact that allegedly the incident occurred on 27.01.2017 and the FIR (Crime No. 105 of 2017) was lodged after delay of four days i.e. 31.01.2017. It is further argued that it was a free fight between the parties, therefore, individual act of every person should be seen separately. As per prosecution story, at the time of incident, co- accused Ravindra was having an axe and co-accused-Balram was having Farsha, whereas, present appellants were having lathi, against them omnibus allegation of inflicting injuries to injured-Yashpal are made. In the cross case, co-accused-Balram who allegedly was having with Farsha died, therefore, the case of murder under Section 302 of IPC has been registered against

complainant party. Further submission is that injured have not alleged that present appellants were having any deadly weapons like farsha and axe etc. In such circumstances, present appellants are entitled to get the benefit of grant of bail to appellants.

Counsel for the State as well as Counsel for the complainant vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 17772 of 2023 is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with a solvent surety of the like amount each to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants No. 5 and 7-Mohan Singh and Badan Singh shall remain suspended and they be released on bail. The appellants are further directed to mark their appearance Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/20/2023 10:36:45 AM

before the Office of this Court on 20/12/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/20/2023 10:36:45 AM