Madhya Pradesh High Court
Kanchhedi Lal Parihar vs The State Of Madhya Pradesh Thr. on 1 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 390 of 2015
(KANCHHEDI LAL PARIHAR AND OTHERS Vs THE STATE OF MADHYA PRADESH THR.)
Dated : 01-02-2024
Shri Sushil Goswami - Advocate for the appellants.
Shri Kaushalendra Singh Tomar- Public Prosecutor for
respondent/State.
Heard on I.A.No.13170 of 2023, third repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.1-Kanchedilal Parihar. All his earlier applications for suspension of
sentence and grant of bail have been dismissed as withdrawn.
Present appellant stood convicted under Sections 302/34 and 201/34 IPC
and sentenced to undergo imprisonment for life with a fine of Rs.7,000/- and RI
for two years with a fine of Rs.500/- with default stipulations vide judgment of
conviction and order of sentence dated 25.04.2015 passed by Additional
Sessions Judge, Ganjbasoda, District Vidisha (M.P.) in Sessions Trial No.296
of 2009.
The present appellant so far has undergone jail sentence of 09 years, 01
month and 11 days.
As per prosecution story, Mr. K.P. Chanderiya was posted on the as
Sub-Inspector at Police Station Ganjbasoda. According to the FIR registered at
Crime No.501/2009 registered at Police Station Basoda which was reduced in
writing on the basis of Marg No.60/2009 in furtherance of its enquiry statements
of Babulal, Ramgopal, Bablesh were recorded, Ganpat Singh was assaulted by
accused Maan Singh, Kanchedi, Rajesh and 05-06 persons of their family black
and blue and set him ablaze, because of which Ganpat Singh succumbed to the
injuries sustained by him. Investigation was set in motion. Upon completion of
investigation including recording of statements, collection of evidence and
necessary formalities, challan was filed before the JMFC, Ganjbasoda, District
Vidisha (M.P.) from where the case was committed to the Sessions Court. The
Sessions Court on appreciation of evidence placed on record convicted and
sentenced the present appellant.
Learned counsel for appellants while taking exception to the impugned
judgment of conviction and order of sentence submits that the Sessions Court
has not appreciated the evidence placed on record in correct perspective. The
judgment suffers from surmises and conjectures. It is submitted that there is no
eye-witness of the incident and the present appellant has falsely been implicated
in the instant case. It is further submitted that present appellant has so far
undergone incarceration of 09 years, 01 month and 11 days. It is further
submitted that the appeal being of 2015 is not likely to be decided in the near
future. On these grounds, learned counsel submits that the present appellant
may be extended the benefit of suspension of sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
present appellant so far has undergone incarceration of 09 years, 01 month and
11 days, and the appeal which is of the year 2015 is not likely to be decided in
the near future, we are of the view that present appellant is entitled to the benefit
of suspension of sentence and grant of bail.
Accordingly, I.A.No.13170 of 2023 stands allowed and it is directed that
the jail sentence of present appellant shall remain suspended during pendency of
the present appeal and he shall be released on bail subject to verification of the
factum of depositing the fine amount and on his furnishing a personal bond in
the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in
the like amount to the satisfaction of the Trial Court.
Appellant No.1-Kanchedilal Parihar directed to appear before the
Registry of this Court first on 06.05.2024 and on other subsequent dates as
may be fixed in this behalf.
Accordingly, the IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
MKB
