Madhya Pradesh High Court
Paijaram Kuswah vs The State Of Madhya Pradesh on 8 August, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-3565-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3565 of 2022
(PAIJARAM KUSWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 08-08-2024
Shri Arun Kumar Barua, learned counsel for the appellants.
Shri Ajay Kumar Nirankari, learned Public Prosecutor for
respondent/State.
Heard on I.A. No. 14401 of 2024, which is first application filed on
behalf of appellant No.4 - Dharmendra Kushwah filed under Section 389 of
Cr.P.C. for suspension of sentence.
The present appellant has been convicted for the offence punishable
under Section 302/34 of IPC and sentenced to undergo Life Imprisonment
with fine of Rs.5,000/-, under Section 323/34 of IPC and sentenced to
undergo one month RI with fine of Rs.300/-, under Section 324 of IPC and
sentenced to undergo three months RI with fine of Rs.500/- and under
Section 324/34 of IPC and sentenced to undergo three months RI with fine
of Rs.500/-, with default stipulations vide impugned judgment 28.02.2022
passed by First Additional Sessions Judge Dabra, District Gwalior in S.T.
No.132/2016.
As per the case of prosecution, complainant Bunty gave an
information to the police on 16.09.2015 on which Dehati Nalishi (Exhibit P-
1) was registered. His father received one beegha of the land in the partition.
His uncle Paijaram was trying to take possession illegally on ten biswa of
land. On the date of incident, he was digging the land to block the road along
2 CRA-3565-2022
with his son. When complainant and his brother objected, they started
assaulting them. Paijaram assaulted Veeru by way of stick. Bunty gave a
blow by axe to Raju. Dharmendra (appellant No. 4) gave a blow by farsa to
Raju and Manish assaulted mother of complainant by way of Sabbal (iron
rod). In the said incident, Raju had died and others sustained injuries.
According to the appellants, they were also assaulted by the members of the
deceased party, for which an FIR was lodged. They were also medically
examined and injuries were found. There was a free-fight and dispute
suddenly occurred between them on agricultural field which was not pre-
planned.
Learned counsel for the appellant submits that the appellant was on
bail during the trial and he did not misuse the liberty so granted to him.
Appellant is undergoing the jail sentence since the date of judgment i.e.
28.02.2022. Learned counsel submits that appellant No. 3 has already been
given the benefit of suspension of sentence vide order dated 30.05.2024.
That apart, the appeal is of the year 2022 and final hearing would likely to
take long time, hence, remaining sentence of the appellant be suspended.
Learned Public Prosecutor for the respondent opposes the prayer and
prayed for its rejection.
Considering the overall facts and circumstances of the case as well as
upon hearing learned counsel for the parties, though this Court refrains from
commenting upon rival contentions so advanced touching merits of the case,
we deem it proper to suspend the remaining custodial sentence of the
appellant No 4 - Dharmendra on the ground of parity.
3 CRA-3565-2022
Accordingly, I.A. No. 14401 of 2024, stands allowed. The execution
of remaining jail sentence of the appellant No. 4 - Dharmendra is hereby
suspended and it is ordered that the appellant 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 12-11-2024 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.
Certified copy as per rules.
(VIVEK RUSIA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
Abhi
