Baijnath Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 20791 MP

Madhya Pradesh High Court

Baijnath Singh vs The State Of Madhya Pradesh on 1 August, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1                                CRA-975-2023
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 975 of 2023
                                      (BAIJNATH SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                          Dated : 01-08-2024
                                Shri Brajesh Kumar Tyagi, learned counsel for the appellant.

                                Shri Yogesh Parashar, Public Prosecutor for State.

                                Heard on I.A.No.7265 of 2024 , third application under Section 389(1)
                          of Cr.P.C. for suspension of sentence and grant of bail to the appellant. First
                          application was dismissed as withdrawn vide order dated 2.9.2023 and

                          Second application was dismissed as withdrawn vide order dated 22.2.2024
                          with liberty to repeat the same after some reasonable time.
                                The appeal being arguable is admitted for final hearing.
                                This Criminal Appeal assails the judgment dated 23.12.2022 passed by
                          Additional Sessions Judge, Raghogarh District Guna (M.P.) in ST No.73 of
                          2019 whereby, appellant has been convicted and sentenced under Section
                          304 Part-I/34 of IPC and sentenced to undergo 10 years RI with fine of Rs.
                          1000/- and under Section 325/34 of IPC and sentenced to undergo 2 years RI
                          with fine of Rs.500/- and under Section 323/34(two counts) and sentenced to

                          undergo RI for three months with fine of Rs. 300/- with default stipulations.
                                Learned counsel for the appellant submits that appellant has almost
                          served incarceration of 2 years 10 months out of total sentence of 10 years.
                          Further submissions is that the this is a case of sudden provocation. Co-
                          accused Ram Singh and Zalam singh have already been granted benefit of
                          suspension of sentence vide order dated 5.7.2023 and 5.2.2024 respectively.


Signature Not Verified
Signed by: ROHIT SHARMA
Signing time: 8/2/2024
11:44:43 AM
                                                               2                             CRA-975-2023
                          Therefore, appellant seeks parity with them. Further submission is that there
                          are material omissions and contradictions in respect of name of assailants
                          who inflicted grievous injuries on the head of Laakhan. PW-1, Gopilal has
                          not supported the case of the prosecution and turned hostile. PW-4, Manoj in
                          his statement stated that it was Zalam Singh who inflicted lathi blow on the
                          head of Laakhan. However, contradicting the statement of PW-4,Manoj,
                          PW-6, Lokendra stated that it was appellant Baijnath who inflicted lathi blow
                          on the head of deceased Laakhan. This appeal is likely to take long time to
                          conclude. Under these circumstances and so also in light of period of
                          incarceration, the appellant is entitled to get benefit of suspension of
                          sentence. Hence, prayer is made to suspend the jail sentence and grant of bail
                          to the appellant.

                                Per contra, learned counsel for respondent/State opposed the

application and prayed for its rejection.

Head learned counsel for the rival parties and perused the record. Considering the facts and circumstances of the case, but without expressing any opinion on the merits of the case I.A.No. 7265 of 2024 is allowed and the sentence of appellant shall remain suspended subject to payment of fine amount as imposed by the trial court and on furnishing personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) along with one solvent surety in the like amount to the satisfaction of the trial Court.

The appellant shall appear before the Office of this Court on 16.12.2024 and other dates as may be fixed by this Office in this regard from time to time till final disposal of the instant appeal.

3 CRA-975-2023 List the case for final hearing in due course. Certified copy as per rules.

(SUNITA YADAV) JUDGE

Rohit