Madhya Pradesh High Court
Arvind vs The State Of Madhya Pradesh on 8 August, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-15254-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 15254 of 2023
(ARVIND AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 08-08-2024
Shri Kushal Tiwari, learned counsel for the appellant(s).
Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.
Shri Bharat Singh Gome, learned counsel for the respondent [OBJ].
Heard on I.A.No.11638/2024, which is second application under
Section 389 of the Cr.P.C for suspension of sentence and grant of bail filed
on behalf of appellant - No.2 Madanlal son of Nanga Prasad Gome.
2. Appellant No.2 stands convicted vide judgment dated 10.10.2023,
passed by the learned Additional Sessions Judge, Indore(M.P.) in Sessions
Trial/Case No.1600815/2015 and sentenced under Section 307 of IPC for 4
years RI with fine of Rs.3,500/- and under Section 323 of IPC sentenced to 6
months RI with fine of Rs.500/- with default stipulations.
3. The First application of the appellant was dismissed as withdrawn
vide order dated 12.03.2024 with liberty to file afresh after completion of
one year custody period.
4. The prosecution case found to be proved is that on 05.05.2015
complainant Ramniwas Gome lodged a report to this effect that he lives in
Nehru Nagar, Indore and his brother Madanlal and his wife and son also stay
with him in the same house. It is further alleged that the daughter of the
complainant started her boutique in the house itself. On this, his younger
2 CRA-15254-2023
brother Madanlal(appellant No.2) and his son Arvind used to quarrel with
complainant's daughter and his wife. Thereafter, when the complainant and
his son Bharat Gome went to Court to lodge a complaint to this effect and
while returning at about 03.20 PM, accused Madanlal and his son Arvind
started abusing them. When complainant and his son resisted, accused
Madanlal caused injury to complainant's wife on her hand by means of Iron
rod(Saria). Thereafter, Arvind caused injury to Bharat on his neck, chest,
hand and various part of his body by means of knife and blood was oozing
out. Accordingly, a case has been registered against the present appellant.
5. Learned counsel for the appellant submits that the appellant No.2 is
innocent and he has been falsely implicated in the alleged offence. There are
material contradictions and omissions in the statement of prosecution
witnesses. He further submitted that the previous application of the appellant
no.2 was dismissed with liberty to file afresh after completion of one year
custody. Out of 4 years, now the appellant has completed one year jail
sentence. He further submits that the appeal is of the year of the year 2023
and its final disposal will likely to take considerable long time. In these
circumstances, prayer is made to release the appellant on bail.
6. Learned Government Advocate for the State as well as learned
counsel for the objector has opposed the prayer and submitted that looking to
the crime committed by the present appellant which is heinous in nature, no
case for suspension of sentence is made out.
7. On due consideration of the facts and circumstances of the case and
material evidence available on record, coupled with the fact that final hearing
3 CRA-15254-2023
of this appeal is not possible in near future, without commenting on the
merits of the case, I.A. No.11638/2024 is allowed. It is directed that upon
depositing the fine amount (if not already deposited) and on furnishing a
personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with
one solvent surety in the like amount to the satisfaction of the trial court, the
substantive jail sentence of the appellant - No.2 Madanlal son of Nanga
Prasad Gome, shall remain suspended till final disposal of the appeal and he
shall be released on bail. He shall appear before the concerned trial Court
firstly on 20.11.2024 and on all other subsequent dates, as may be fixed in
this behalf by that Court.
I.A.No.11638/2024 stands disposed of.
Certified copy as per rules.
(SUSHRUT ARVIND DHARMADHIKARI) (DUPPALA VENKATA RAMANA)
JUDGE JUDGE
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