Madhya Pradesh High Court
Phool Singh vs The State Of Madhya Pradesh on 2 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 5326 of 2022
(PHOOL SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 02-02-2024
Shri Sushil Goswami - Advocate for appellant.
Shri S.S. Kushwah - Public Prosecutor for respondent State.
Heard on I.A.No.13804 of 2023, second repeat application filed on
behalf of appellant Phool Singh under Section 389(1) of Cr.P.C for suspension
of sentence and grant of bail.
Appellant stands convicted under Section 302 read wtih Section 34 of
IPC and sentenced to undergo Life Imprisonment with fine of Rs.100/- with
default stipulation vide judgment of conviction and order of sentence dated
24.05.2022 passed by Additional Sessions Judge, Lateri, District Vidisha in
S.T. No.26 of 2017.
The appellant so far has undergone 05 years' and 8 months incarceration
approximately.
A s per prosecution story, on 19.12.2016 at around 19 hrs the
complainant Kamal Singh (PW-1) reduced in writing dehati nalishi No.0/2016
(EX.P/1) to Siyaram Sharma, ASI, Police Station Lateri to the effect that the
appellant and co-accused visited house of one Mangilal of the same village.
Both of the accused were heavily drunk and they were saying that they are
building contractors. When they were at the distance from house of Mangilal,
Mukesh Banjara (deceased) who is brother of the complainant meet them. They
asked for Rs.500/- for buying liquor. When deceased denied to give money, the
present appellant beaten him with Lathi over his head and he fell down.
Thereafter, co-accused Prakash also assaulted him with a Lathi resulting injury
over his back. When he shouted for help, complainant Kamal Singh, Shambhu
and Bharosa came there to save him. Seeing them, accused persons left the
place by giving threat of dire consequences. With these allegation the FIR was
registered at Crime No.254 of 2016 for the offences punishable under Sections
294, 323, 506, 327, 34 IPC. Investigation was started and after recording of
statements of the abductees and other witnesses and collection of incriminating
material, challan was filed. Case was committed for trial to the sessions Court.
The Sessions Court upon critical evaluation of evidence placed on record has
convicted and sentenced the present appellant along with other co-accused
persons as referred above.
Learned counsel for appellant 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 the present
appellant had no animosity with the deceased and he has falsely been implicated
in the instant case. It is further submitted that present appellant has so far
undergone incarceration of 05 years and 08 months. It is further submitted that
the appeal being of 2022 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 05 years and 08 months,
and the appeal which is of the year 2022 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.13804 of 2023 is hereby allowed and it is
directed that the jail sentence of appellant - Phool Singh shall remain suspended
and he be released on bail on his furnishing a personal bond in the sum of
Rs.2,00,000/- (Rupees Two Lakhs Only) with one solvent surety in the like
amount to the satisfaction of the trial Court and also subject to deposit of the
fine amount (if not already deposited). The appellant is directed to mark his
appearance before the Registry of this Court first on 19.03.2024 and on other
subsequent dates as may be fixed in this behalf.
Observations on facts, if any, are only for the purpose of deciding the
instant I.As. and shall have no bearing on the merits of the appeal.
Certified copy as per rules
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
pwn*
