Sadhu Rawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 15738 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                          CRA No. 3111 of 2023
                                            (SADHU RAWAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 23-09-2023
                                     Shri D. K. Pathak - Advocate for appellants.

                                     Shri Dinesh Savita - Public Prosecutor for State.
                                     Heard on I.A.No.16862/2023, third application under Section 389(1) of
                           Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
                           appellant No.2 - Avtar Singh Rawat.
                                     His first and Second applications filed for the same relief were dismissed

                           as withdrawn vide orders dated 21.4.2023 and 13.7.2023 respectively.
                                     The trial Court has convicted the appellant No.2 under Section 307/34 of
                           IPC and sentenced to undergo five years' RI with fine of Rs.5000/- and under
                           Section 27 of Arms Act and sentenced to undergo three years' RI with fine of
                           Rs.2000/-, with default stipulation, vide judgment of conviction and order of
                           sentence dated 17.02.2023 passed by First Additional Sessions Judge, Dabra,
                           District Gwalior in Sessions Trial No.70/2017.
                                     A s per prosecution case, on 29.12.2016 at about 21:30 hours, when
                           complainant Dharmendra was returning to his house from Thakur Hotel and

                           when he reached near his house, appellant No.2 Avtar singh Rawat along-with
                           other co-accused persons came there. They were having firearm in their hand.
                           They fired on complainant Dharmendra Singh. As a result, the gunshot fired by
                           Avatar hit on the left side above the waist of complainant causing gunshot
                           injury.
                                     Learned counsel for appellant submits that on the date of incident,
                           complainant Dharmendra along-with other persons themselves assaulted the
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 23-09-2023
05:43:48 PM
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                           appellant No.2- Avtar Singh Rawat and his brother Surendra and other co-
                           accused persons. In that incident, Surendra Rawat died while other co-accused
                           persons sustained bullet injuries. On the basis of statement made by appellant
                           No.2- Avtar Singh , FIR bearing Crime No.833/2016 was registered at Police
                           Station Dabra, District Gwalior for offence punishable under Sections 302, 307,
                           294, 147, 148, 149 of IPC against the complainant and other accused persons.
                           He further submits that in the aforesaid criminal case complainant and others
                           have been convicted and are in custody. He further submits that as a counter
                           blast, a false and fabricated case has been made against the appellant and other
                           co-accused persons. Appellant has suffered till now 7 months and 15 days of

                           jail incarceration. He has falsely been implicated in the matter. There is no
                           likelihood of early hearing of appeal in near future. Co-accused, appellant no.1
                           Sadhu Rawat has also been enlarged on bail vide order dated 3.3.2023. In view
                           of aforesaid, learned counsel for the appellants prays for suspension of
                           remaining jail sentence and grant of bail to the appellant No.2-Avtar Singh
                           Rawat.
                                 Learned counsel for the respondent/State opposed the application and

submits that appellant no.2 is the main accused who caused injuries to the complainant. Weapon used in crime has been seized from his possession, therefore, he is not entitled for suspension of sentence and grant of bail.

Heard learned counsel for the parties and perused the record. Having considered the rival submissions and material pointed out by learned counsel for appellant No.2, specially with regard to the fact that a counter case was also registered against the complainant where complainant Dharmendra has been convicted for committing murder of appellant's brother, considering the period of custody undergone and the changed circumstance Signature Not Verified Signed by: BARKHA SHARMA Signing time: 23-09-2023 05:43:48 PM

without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant No.2-Avtar Singh Rawat shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant No.2 shall be released on bail on furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs Only) along with separate solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 30.10.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Rohit

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 23-09-2023 05:43:48 PM