Madhya Pradesh High Court
Sagar Singh vs The State Of Madhya Pradesh on 8 August, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-1206-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1206 of 2022
(SAGAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 08-08-2024
Shri Anand Kumar Gupta-Advocate for appellants No.4 & 5.
Shri Puran Kumar Kulshreshtha-AAG for respondents/State .
Heard on I.A. No.12782/2024 , fourth repeat application & I.A.
No.12937/2024, second repeat application, both under section 389(1) Cr.P.C.
for suspension of sentence and grant of bail moved on behalf of appellant
No.4 & 5 namely Bharat Singh & Shivraj Singh respectively.
The present appellants stand convicted for the offences punishable
under Section 148 of IPC and sentenced to undergo RI for 1 year with fine of
Rs.200/-; under section 302/149 of the IPC to undergo life imprisonment
with fine of Rs.10,000/-; under section 325/149 to undergo RI for 2 years
with fine of Rs.2000/-; under section 323/149 (on six counts) to undergo RI
for 6 months with fine of Rs.500/- on each count; with corresponding default
stipulations vide impugned judgment dated 30/12/2021 passed by Third
Additional Sessions Judge, Guna in S.T. No.400238/2014.
As per prosecution story, there was a free fight between a group of 7-7
persons. They caused injuries to each other resulting into registration of two
FIRs at Crime Nos. 108/2014 and 110/2014 at Police Station Myana, District
Guna. The dispute arose because on 20/5/2014 buffaloes of Kaptan Singh,
Sumer Singh and Bharat Singh had entered into the field of one Raju. On
21/5/2014, present appellants namely Bharat Singh & Shivraj Singh along
2 CRA-1206-2022
with other accused persons came armed with lathi a n d farsa and started
abusing the complainant party. A free fight started between them. Anand
sustained fatal injury on his head and died, while others sustained minor
injuries. Accordingly, case has been registered.
Learned counsel for the appellants submits that the present appellants
have been convicted under section 302 with the aid of Section 149 of the
IPC. In a case of free fight, when both the parties sustained injuries, Section
149 of IPC loses its effect and individual role is liable to be seen. So far as
conviction in other offences is concerned, the present appellants have
already undergone the custodial sentences. The main allegation of causing
injury on the head of the deceased is against co-accused Kaptan Singh and
Sughar Singh, due to which Anand died. He further submits that similarly
placed co-accused appellants No.1 to 3 namely Sagar Singh, Sumer Singh &
Sadan Singh has already been extended benefit of suspension of sentence by
this Court vide order dated 21/05/2024 (I.A. No.10343/2024), 15/05/2024
(I.A. No.21867/2023) & 31/05/20204 (I.A. No.10691/2024) respectively and
he seeks parity in treatment. On such premise, prayer for suspension of
custodial sentence of appellant No.4&5 is made.
Learned AAG for respondent/State opposes the prayer and prays for its
rejection.
So far as appellant No.5-Shivraj Singh is concerned, he was carrying a
farsa and caused injury to Sobhan Singh by farsa; hence, he had an intention
to kill and thus, we are not inclined to grant benefit of suspension of sentence
to appellant No.5-Shivraj Singh . Accordingly, I.A. No.12937/2024 is hereby
3 CRA-1206-2022
rejected.
However, so far as appellant No.4-Bharat Singh is concerned, he was
carrying a lathi and thus, considering the overall facts and circumstances of
the case, we deem it proper to suspend the remaining custodial sentence of
appellant No.4-Bharat Singh . Accordingly, I.A. No.12782/2024 stands
allowed and execution of remaining jail sentence of appellant No.4-Bharat
Singh is hereby suspended and it is ordered that appellant No.4-Bharat Singh
be released on bail upon his furnishing a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the like
amount to the satisfaction of the trial Court and subject to depositing the fine
amount (if not already deposited) with a further direction to appear before
the Registry of this Court on 12/12/2024 and also on such other dates, as
may be fixed by the Registry of this Court in this regard during the pendency
of this appeal.
C.c. as per rules.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
(Dubey)
