Madhya Pradesh High Court
Ashok Singh vs The State Of Madhya Pradesh Thr. on 22 September, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 802 of 2015
(ASHOK SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH THR.)
Dated : 22-09-2023
Shri A.K. Jain - Advocate for the appellant No.1
Shri Neelesh Tomar - Public Prosecutor for respondent/State.
Heard on IA No. 17051 of 2023, first application under Section 389(1)
CrPC moved on behalf of appellant No.1 Ashok Singh for suspension of jail
sentence and grant of bail.
Present appellant-Ashok Singh along with co-accused Hawaldar and
Ramdas stands convicted under Section 302 of IPC and sentenced to undergo
life imprisonment with fine of Rs.1,000/- with default stipulation vide judgement
o f conviction and order of sentenced dated 22.07.2015 passed by First
Additional Sessions Judge, Bhind in Sessions Trial No. 234 of 2012.
Co-accused Ramdas has been extended the benefit of suspension of
sentence and grant of bail vide order dated 17.08.2016 (IA.5306/2016) whereas
co-accused Hawaldar on 08.11.2016 (IA.8663/2016).
So far, present appellant has undergone jail sentence for 15 years 02 days
incarceration with remission as on 13.09.2023.
As per prosecution story, there was an allegation against appellant No.1
Ashok Singh that he fired with the gun causing single injury to deceased Mule
Singh. According to Dr. B.R. Maurya (PW-9) in post mortem report Ex.P-17,
sole injury was responsible for the death of the deceased Mule Singh. In Dehati
Nalishi Ex.P-1, the complainant, namely, Kamlesh Singh (PW-1) alleged that
appellant No.3 - Hawaldar Singh exhorted the co-accused/appellant Ashok
Singh and he confirmed such an allegation in his statement before the Court,
however, Hari Singh (PW-6) nephew of the deceased Mule Singh has accepted
that initially a quarrel of the deceased with the appellant No.1 Ashok Singh had
taken place and thereafter all the accused persons went away. Then, appellant
No.1 Ashok Singh brought a gun and he was followed by co-accused Ramdas
and Hawaldar Singh. He has mentioned about the activities of the appellant
No.1-Ashok Singh but he did not mention that the appellant Ashok Singh was
exhorted by appellant No.3 Hawaldar Singh. On the basis of aforesaid, FIR
was registered and upon completion of investigation, challan was filed and the
case was committed to the Sessions Trial. The Sessions Court on proper
appreciation of evidence placed on record convicted and sentenced the present
appellant as referred above.
Mr. Jain - learned counsel for the appellant presses the instant application
for suspension of jail sentence only on the ground of long jail incarceration and
secondly that other two co-accused persons have been extended the benefit of
suspension of sentence in that behalf. He further submits that the appeal is of
the year 2015 and there is no likelihood of early hearing of the appeal in near
future. Under such circumstances, prayer is made for suspension of sentence
and grant of bail to the present appellant.
Per contra, Shri Tomar, learned Public Prosecutor opposed the
application with submission that appellant is the main accused who has caused
gunshot injuries to the deceased Mule Singh resulting into his homicidal death.
Therefore, no exception can be taken in the matter of suspension of sentence
and grant of bail to the present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions touching merits of the case but regard
being had to the fact that the present appellant is the main accused and after
having seen the impugned judgment and evidence on record, therefore, we
declined the prayer for suspension of sentence on merits, but looking to the
long period of jail incarceration and benefit of suspension of sentence extended
to co-accused Ramdas and Hawaldar, we hereby extended the benefit of
suspension of sentence and grant of bail to present appellant No.1 -Ashok
Singh.
Accordingly, I.A. No.17051/2023 stands allowed and it is directed that
the jail sentence of appellant No.1-Ashok Singh shall remain suspended and
he shall be released on bail, subject to verification of amount of fine being
deposited 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. Appellant No.1-Ashok Singh is directed to
appear before the Registry of this Court first on 23.11.2023 and on other
subsequent dates as may be fixed by Office 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) (ANAND PATHAK)
JUDGE JUDGE
Van
VANDANA VERMA
2023.09.22
16:34:21 +05'30'
