Madhya Pradesh High Court
Anwar vs The State Of Madhya Pradesh on 22 September, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8027 of 2023
(ANWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 22-09-2023
Shri Surendra Singh - Senior Advocate with Shri Shivam Singh -
Advocate for appellant.
Shri A.N. Gupta - Public Prosecutor for respondent/State.
Heard on I.A. No.14657 of 2023.
This is the first application for suspension of sentence and grant of bail
on behalf of the appellant No.5 -Bhuri Bai @ Janki, appellant No.6 - Kala Bai
and appellant No.7 - Girija Bai @ Matubai who have been convicted under
Section 148 of the IPC and sentenced to undergo R.I. for two years and to pay
fine of Rs.500/-, further convicted under Section 302/149 of the IPC and
sentenced to undergo R.I. for Life (on three counts) and to pay fine of
Rs.1,000/- (on three counts), further convicted under Section 323/149 of the
IPC and sentenced to undergo R.I. for six months and to pay fine of Rs.500/-,
further convicted under Section 325/149 of the IPC and sentenced to undergo
R.I. for three years and to pay fine of Rs.500/- and also convicted under
Section 342/149 of the IPC and sentenced to undergo R.I. for six months and
to pay fine of Rs.500/- with default stipulations vide impugned judgment of
conviction and order of sentence dated 18.05.2023 passed by the learned First
Additional Sessions Judge, District Narmadapuram in Sessions Trial No.46 of
2021.
As per the prosecution case, complainant-Kamlabai informed at Police
Station Seoni Malwa that on 28.11.2020 at about 12.00 O'clock when she heard
noise and came out of her house, she saw that the present appellants along with
Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 9/26/2023
4:01:26 PM
other co-accused persons were inflicting injuries to her sons Kunwar Singh and
Rajendra by means of Danda and Iron Rod. Meanwhile, her grandson Ayush
also came. The accused persons inflicted injuries to him. When she tried to
interfere, they tied her to the cultivator. It is further alleged by the complainant
that Kunwar Singh, Rajendra and Ayush were dragged by the accused persons
to the house of Ram Singh and when they fainted, the accused persons drove
tractor over them multiple times.
The grounds on which the application has been filed are that there are
material contradictions and omissions in the depositions of the prosecution
witnesses. The appellants have remained in custody for a considerable period.
They are ready to abide by all terms and conditions that may be imposed by
this Court while considering their bail application. On these grounds, he prays
for suspension of sentence and grant of bail.
State counsel has vehemently opposed the contentions stating that there
is active participation of the appellants in commission of offence. The injuries
which were inflicted by the appellants are medically corroborated. It is further
contended that mere contradictions and omissions in the statement of the
witnesses cannot be a ground to enlarge the appellants on bail. The eye-witness
h a s categorically supported the case of the prosecution. Under these
circumstances he has prayed for dismissal of the application.
Considering the facts and circumstances of the case coupled with the
fact that there is active participation of the appellants in the commission of
offence and the gruesome manner in which the offence has been committed, we
are of the view that the appellants are not entitle for grant of bail.
I.A. No.14657 of 2023 is rejected.
Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 9/26/2023
4:01:26 PM
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
Loretta
Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 9/26/2023
4:01:26 PM
