Madhya Pradesh High Court
Rakesh Mavai vs The State Of Madhya Pradesh on 25 October, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12879 of 2023
(RAKESH MAVAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 25-10-2023
Shri Brajesh Tyagi- Advocate for appellants.
Shri R.S. Yadav - Public Prosecutor for respondent/State.
Heard on IA No.18799 of 2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of all
appellants i.e. appellant No.1 - Rakesh Mavai, appellant No.2 - Ashok Mavai,
appellant No.3- Nirpat Mavai, appellant No.4-Bhole, appellant No.5- Ramu
Gurjar, appellant No.6-Suresh Mavai, appellant No.7- Adiram Gurjar and
appellant No.8- Banwari Gurjar.
Appellants have been convicted under Sections 147, 341 read with
Section 149 and 325 read with Section 149 IPC and sentenced to pay amount
of fine of Rs.500/-; to pay amount of fine of Rs.500/-; and three years' RI with
a fine of Rs.5,000/- with default stipulations vide judgment of conviction and
order of sentence dated 27.09.2023 passed by II Additional Sessions Judge,
Morena (M.P.) in Sessions Trial No.75 of 2019.
The prosecution story, as found proved, is that on 03.11.2018
complainant Sahab Singh and his elder brother Kartar Singh both were coming
back to their house situated at Siddh Nagar, Morena, on motorcyle from
Deekhatpura. As soon as they took turn for Siddh Nagar from Kaka Dhaba,
accused wielding sticks (Lathi Danda) stopped them. Then accused Rakesh
Mavai while hurling abuses inflicted blow of luhangi lathi to Kartar Singh on his
head, due to which they both fell down on the ground. Other accused Banwari
inflicted lathi blow on the complainant which could not hit him and he due to
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 10/25/2023
8:04:49 PM
fear could be successful in running therefrom. Thereafter, all the accused
assaulted Kartar Singh, brother of the complainant, by means of sticks. At that
moment Saurabh Sharma, Neeraj Sharma and Rajveer Gurjar came there,
intervened and rescued Kartar Singh from the assault. Accused also threatened
for dire consequences if the matter is reported. It is further the case of
prosecution that with the help of Dial 100 vehicle, Kartar Singh was brought to
the Morena Hospital but due to deteriorating condition, he was referred to
Gwalior. On the basis of report made by Sahab Singh Gurjar on 03.11.2018,
FIR was registered and criminal law set into motion. Upon completion of
investigation and necessary formalities, challan was filed. The Trial Court on
appreciation of evidence placed on record convicted and sentenced the present
appellants.
Learned counsel for appellants while taking exception to the impugned
judgment inter alia submits that the appellants have falsely been implicated. The
custodial sentence of the appellants has been suspended by the trial court till
27.10.2023. The appellants were on bail during trial and have not misused the
liberty to granted. Fine amount has already been deposited. The appellants are
permanent residents of Morena and there is no likelihood of their absconsion.
The appeal is of the year 2023 and looking to the short sentence of three years,
the appellants may be extended the benefit of suspension of sentence and grant
of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, opposed the prayer and prayed for rejection of the
application.
Upon hearing learned counsel for the parties, though this Court refrains
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from commenting upon the rival contentions so advanced touching the merits of
Signed by: PAWAN
DHARKAR
Signing time: 10/25/2023
8:04:49 PM
the case, but regard being had to the fact that this appeal is of the year 2023 and
there is no likelihood of its final disposal in the near future, this Court is of the
view that appellants are entitled to the benefit of suspension of sentence and
grant of bail.
Accordingly, IA No.18799 of 2023 stands allowed and it is directed
that the jail sentence of appellant No.1 - Rakesh Mavai, appellant No.2 - Ashok
Mavai, appellant No.3- Nirpat Mavai, appellant No.4-Bhole, appellant No.5-
Ramu Gurjar, appellant No.6-Suresh Mavai, appellant No.7- Adiram Gurjar and
appellant No.8- Banwari Gurjar shall remain suspended during pendency of the
present appeal and they shall be released on bail subject to verification of the
factum of depositing the fine amount and on each of them 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.
Appellants are directed to appear before the Registry of this Court first
on 18.12.2023 and on all other subsequent dates as may be fixed in this behalf
till final disposal of the instant appeal.
Accordingly, the 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)
JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 10/25/2023
8:04:49 PM
