Madhya Pradesh High Court
Arvind @ Chhinge vs The State Of Madhya Pradesh on 13 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 742 of 2024
(ARVIND @ CHHINGE Vs THE STATE OF MADHYA PRADESH)
Dated : 13-02-2024
Shri A.S. Bhadoriya- Advocate for the appellant.
Shri A.K. Nirankari - Public Prosecutor for respondent/State.
Shri Pawan Vijaywargiya - Advocate for complainant.
Heard on IA No. 1745 of 2024, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant- Arvind @ Chhinge Singh.
Present appellant stood convicted under Section 25(1-b)(a) of Arms Act
and sentenced to undergo RI for four years with a fine of Rs.2,000/- with
default stipulation vide judgment of conviction and order of sentence dated
23.12.2023 passed by First Additional Sessions Judge, Bhind (M.P.) in
Sessions Trial No.248 of 2019.
The present appellant so far has undergone actual jail sentence of more
than 01 year and 10 months as submitted by learned counsel for the appellant.
As per prosecution story, complainant Deepu Singh on 03.09.2019 at
about 10:30 in the morning, reported orally, on the scene of occurrence i.e. field
of Kudariya, at village Dehra to the then incharge Sub-Inspector CPS Chouhan
(PW-15) against Dinesh Kankaar, Mukesh Kankar, Rinku Kankar, Lalu Kankar,
Sunil Kankar, Jaiprakash Kankar and Fodal @ Rudrapratap Bhadoriya to the
effect that he had some talks with Dinesh Kankar regarding lifting up of soil in
the field of Kudariya where work was in progress for the last one month. On the
date of incident i.e. on 02nd September, 2019 in the night when his father was at
home, at about 10 to 11 Sunil Kankar R/o Murlipura and Fodal Singh @
Rudrapratap Singh Bhadoriya resident of village Inguri on motorcycle came,
had some talks with his father and got his father Mahesh Singh Tomar to the
field of Kudariya on motorcycle. On 03.09.2019 at about 05:00 in the morning,
Lalu Kankar of Murlipura apprised him on phone that some altercation had
taken place on the machine on which he rushed to the scene where 100 dial of
Police was standing there in which helper of JCB machine Sonu and driver
Shivdhari were sitting. Complainant, at the scene, found his father and father's
sleepers to be under the soil. When he removed the soil, he found that his father
had injuries in his head and the legs were mutilated. He believed that the said
people had murdered his father under conspiracy. FIR was registered.
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 Bhind (M.P.), who, in turn, committed the
case to the Sessions Court. The Sessions Court on appreciation of evidence
placed on record convicted and sentenced the present appellant as mentioned
above.
Learned counsel for the 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 by him that
appellant has suffered incarceration of more than 01 year and 10 months out of
the sentence awarded to him. It is further submitted by him that amount of fine
has already been deposited by him. It is further submitted that the appeal being
of 2024 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 and Shri Vijaywargiya, learned counsel for the complainant,
while supporting the judgment impugned submit 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 refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that present appellant so far has undergone
incarceration of more than 01 year and 10 months and the appeal which is of the
year 2024 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, IA No. 1745 of 2024 stands allowed and it is directed that
the jail sentence of appellant Arvind @ Chhinge Singh 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.
Appellant Arvind @ Chhinge Singh is directed to appear before the
Registry of this Court first on 20.05.2024 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) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
(Dubey)
