Madhya Pradesh High Court
Toran 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. 491 of 2015
(TORAN SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 02-02-2024
Shri A.K. Jain - Advocate for appellant.
Shri S.S. Kushwah - Public Prosecutor for respondent/State.
Heard on IA No. 21609 of 2023, sixth repeat application under Section
389 CrPC moved on behalf of appellant-Toran Singh for suspension of jail
sentence and grant of bail.
Present appellant - Toran Singh stands convicted under Section 302 of
IPC and sentenced to undergo life imprisonment with fine of Rs.2000/- with
default stipulations vide judgment of conviction and order of sentence dated
30.12.2014 passed by Sessions Judge, Guna in Sessions Trial No.181/2013.
The appellant has so far undergone jail incarceration of 10 years and 02
months.
A s per prosecution story, on 25.04.2023 complainant Bhutadiya orally
lodged a report to the effect that at 7 AM his niece while weeping came at his
house. He went alongwith his niece to her house, then he found that her mother
Guddi was died. He called the villagers. They stated that present appellant
Toran had beaten the deceased due to which she died. On such information,
FIR was registered. After collection of material evidence, challan was filed and
the case was committed to the Sessions Trial. The Sessions Court on
appreciation of evidence placed on record convicted and sentenced the present
appellant as referred above.
Learned counsel for the appellant, while taking exception to the impugned
judgment inter alia, submits that it is a case of false implication. Madan (PW-3)
who is neighbor and Asha Bai (PW-6) who is daughter of the appellant have
turned hostile and did not support the story of prosecution. Even otherwise,
appellant has already undergone 10 years and 02 months of incarceration. The
appeal is of the year 2015 and there is no likelihood of early hearing of this
appeal in near future. Under such circumstances, learned counsel submits that
the present appellant may be extended the benefit of suspension of sentence
and grant of bail.
Per contra, learned counsel for the respondent/State submits that it is a
case of murder of an innocent person. Hence, no exception may be taken in the
matter of grant of benefit of suspension of sentence.
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 10 years and 02 months,
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.21609/2023 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.1,00,000/- (Rupees One Lac only) with one solvent surety in
the like amount to the satisfaction of the Trial Court subject to the following
conditions :-
1. That the appellant shall mark his presence before the concerned police
station twice every week till pendency of this appeal.
2. If the appellant is found to be involved in any other criminal activity
either against the present complainant or anybody else, the respondent/ State
and the complainant shall be free to move this Court for cancellation of bail.
Appellant is directed to appear before the Registry of this Court first on
07.05.2024 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said 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) (MILIND RAMESH PHADKE)
JUDGE JUDGE
ojha
