Mahesh Sharma vs The State Of Madhya Pradesh
2024 Latest Caselaw 4487 MP

Madhya Pradesh High Court

Mahesh Sharma vs The State Of Madhya Pradesh on 16 February, 2024

Author: Rohit Arya

Bench: Rohit Arya

                                                       1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                              CRA No. 11383 of 2022
                                (MAHESH SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

               Dated : 16-02-2024
                           Shri Y.K.Pathak and Shri Manas Dubey - Advocates for appellant

               No.2-Ramkishore @ Gulli.
                           Dr.Anjali Gyanani - Public Prosecutor for respondent/State.

Shri Jitendra Singh Kushwaha- Advocate for the complainant.

Heard on I.A.No.17990 of 2023, first application under Section 389(1)

Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.2-Ramkishore @ Gulli.

Present appellant stood convicted under Sections 148, 302/149 & 307/149 of IPC and sentenced to undergo 6 months RI with fine of Rs.500/-, life imprisonment with fine of Rs.1,000/- and 7 years RI with fine of Rs.1,000/- respectively with default stipulations vide judgment of conviction and order of sentence dated 17/10/2022 passed by the 1st Additional Sessions Judge, Karera, District Shivpuri, in S.T.No.500140/2016.

The present appellant so far has undergone jail sentence of near about 2

years and 2 months as submitted by learned counsel for the appellant.

In brief prosecution story is that on 07.09.2009 in the morning one Vanmal Singh Rawat along with his elder brother Balkishan (deceased), Arvind Rawat and Radhyshyam came to village Karera and all of them were returning back to their village Sada from Karera. On such fateful day, Balkishan (deceased), Arvind and Radheshyam were going on bike and were ahead of

Vanmal Singh, who was on different bike and was following the bike of

Balkishan (deceased). When they reached Samoha Har Pakki road, a white

Marshal car crossed the bike of Vanmal Singh and dashed the bike of Balkishan (deceased), Arvind and Radheshyam from behind due to which they fell on the road. And then from the said car Gulli @ Ramkishore armed with country-made pistol, Mahesh Pandit with country-made pistol, Mathuradas, Kalla, Panjab, Ramprasad resident of Sadd, Ballu Rawat resident of Dabai, Devendra Singh with gun, Suresh Sharma with gun and Manoj resident of Suketa, alighted, due to which, Balkishan (deceased), Arvind and Radhyshyam ran towards the field, then all the accused started firing on them, as a result of which all three of them got injured. Thereafter Gulli Pandit and Suresh Sharma fired upon Balkishan when he was lying on the field and then all the accused fled towards Dinara

while firing from their firearms. Balkishan died due to gunshot injury and Arvind and Radheyshyam got serious injuries. On the basis of the complaint by the complainant Vanmal Singh, a Dehatinalisi was prepared and upon such Dehatinalisi, Police Station- Karera lodged an FIR bearing Crime No.313/2009 against the present appellant and other co-accused persons under Sections 302, 307, 147, 148 and 149 of IPC and Sections 25/27 of the Arms Act. Upon completion of investigation including recording of statements, collection of evidence and necessary formalities, challan was filed. Case was committed 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 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

SOODAN PRASAD appellant has falsely been implicated in the instant case. Pick & choose

approach has been adopted by the prosecution inasmuch as Suresh Sharma has

not been made an accused in the case against whom it is alleged that he along with present appellant fired on deceased Balkishan when he was lying on the field. As per the medical report, deceased has suffered only one gunshot injury. There is no recovery of Katta from the appellant. Katta has been seized from co-accused Mahesh Sharma who has already been granted suspension of sentence by this Court. It is further submitted that present appellant has so far undergone incarceration of near about 2 years and 2 months. It is further submitted that the appeal being of 2022 is not likely to be decided in near future. O n 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 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 as well as criminal history of 20 cases.

In reply, learned counsel for the appellant submits that in most of the cases appellant has been acquitted.

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 about 2 years & 2 months and the appeal which is of the year 2022 is not likely to be decided in near future, in the obtaining facts and

Signature Notcircumstances Verified of the case, we are of the view that present appellant is entitled Signed by: MADHU SOODAN PRASAD for the benefit of suspension of jail sentence and grant of bail Signing time: 17-02-2024 10:22:54 AM

Accordingly, I.A. No.17990 of 2023 stands allowed and it is directed that the jail sentence of present appellant No.2- Ramkishore @ Gulli 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, with following further conditions:-

(1) That appellant shall not move in the 4 kms radius of residence of complainant or cause any threat of life & liberty to the complainant or his family members, else complainant shall be at liberty to move an application for cancellation of bail;

(2) If the present 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.

(3) The present appellant shall mark his presence before the police Station, Karera, on every Saturday between 10 am to 12 pm. Failure to comply such condition, will entail cancellation of this suspension.

Appellant No.2- Ramkishore @ Gulli is directed to appear before the Registry of this Court first on 22/05/2024 and thereafter, 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.

Also heard on I.A.No.18587 of 2023, an application for recalling of the order dated 4.9.2023/cancellation of bail granted to appellants Mahesh Sharma, Ramprasad, Brajkishore @ Kalla and Manoj Sharma on the ground that they have not followed the conditions imposed by this Court and while remaining on bail, appellants Mahesh Sharma and Manoj Sharma along with one Vinod Sharma have beaten son of the complainant for which an FIR has been lodged against them vide crime No.682 of 2023 at police Station Karera Distt. Shivpuri.

Reply has been filed on behalf of appellant- Mahesh Sharma contending that appellant has been falsely implicated in the aforesaid offence due to political rivalry, and therefore, appellant approached the higher authorities seeking fair and impartial investigation and a direction has been given by the higher authorities for fair & impartial enquiry, copy of which has been filed as Annexure R/1. A petition under Section 482 of Cr.P.C. has also been filed by the appellant before this Court for quashing the said FIR. Mere lodging of the FIR against any person does not hold him guilty and in the said matter investigation is pending.

Upon perusal of the application and the documents on record as well as considering the submissions made by learned counsel for the parties, we are of the view that no ground is made out for recalling of the order of suspension of sentence dated 4.09.2023.

Accordingly, I.A. No.18587/2023 is dismissed.

Certified copy as per rules.

                   (ROHIT ARYA)                                     (BINOD KUMAR DWIVEDI)

                      JUDGE                                                 JUDGE



                ms/-
10:22:54 AM