Madhya Pradesh High Court
Bhanu Pratap Singh vs The State Of Madhya Pradesh on 19 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7361 of 2023
(BHANU PRATAP SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 19-02-2024
Shri Anand Purohit - Advocate for the appellant.
Dr. Anjali Gyanani - Public Prosecutor for respondent/State.
Heard on IA No. 17310 of 2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant - Bhanu Pratap Singh.
Present appellant stood convicted under Section 307 IPC and sentenced
to undergo imprisonment for life with a fine of Rs.10,000/- with default
stipulation vide judgment of conviction and order of sentence dated 22.05.2023
passed by Additional Judge to the Court of Additional Sessions Judge, Lahar,
District Bhind (M.P.) in Sessions Trial No.03 of 2021.
The present appellant so far has undergone actual jail sentence of 13
months, as transpired during the course of hearing.
As per prosecution story, on 23.06.2020 Ramgopal along with his son
Balveer at the scene of incident i.e. in his field was guarding the vegetables. In
the evening at 5, cow of the complainant went to the field of the accused, on
which accused Bhanupratap and Munshi hurled abuses and accosted as to why
his cow could enter his field. When Ramgopal objected for hurling abuses,
accused Bhanupratap inflicted axe (Kulhadi) blow on the back of his head
which caused blood injury. Accused Munshi assaulted him by means of stick
(Danda) by which injury caused on his right thigh. Balveer and Mohan Singh
intervened. Accused threatened all of them for dire consequences. On report,
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. 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 further submitted that
injured Ramgopal (PW-1) and his son-eyewitness Balveer (PW-3), both in para
4 of their statements, have unanimously stated that there was no previous
animosity between the parties. The incident took place over a trivial issue of
grazing the field of the accused by cow of the complainant. In fact, complainant
and the appellant are the members of the same family and there was no pre-
meditation of mind or any intention much less knowledge for commission of
such offence. It was a sudden provocation which flared up into altercation
leading to commission of offence. That apart, the appellant has suffered
incarceration of about 13 months. It is further submitted that the appeal being of
the year 2023 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 refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that the appeal which is of the year 2023 is
not likely to be decided in the near future and in the obtaining facts and
circumstances of the case, we are of the view that present appellant is entitled to
the benefit of suspension of sentence and grant of bail.
Accordingly, IA No. 17310 of 2023 stands allowed and it is directed that
the jail sentence of appellant Bhanu Pratap 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 Bhanu Pratap Singh is directed to appear before the Registry
of this Court first on 31.05.2024 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
vc
VARSHA
CHATURVEDI
2024.02.20
12:13:03 +05'30'
