Madhya Pradesh High Court
Hemant Singh vs The State Of Madhya Pradesh Thr. on 21 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 829 of 2015
(HEMANT SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH THR.)
Dated : 21-02-2024
Shri Deependra Raghuvanshi - Advocate for the appellants.
Shri Rajesh Shukla - Additional Advocate General for respondent/State.
I.A.No.2208 of 2024 is the first application under Section 389(1) Cr.P.C.
for suspension of sentence and grant of bail moved on behalf of appellant
No.2- Jai Hind and IA.No.2828 of 2024 is the fourth repeat application under
Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on
behalf of appellant No.3- Kailash Singh. All earlier bail applications of appellant
No.3-Kailash Singh have been dismissed as withdrawn.
Both the appellants stood convicted under Section 302/34 IPC and
sentenced to undergo imprisonment for life each with fine of Rs.10,000/- each
with default stipulation vide judgment of conviction and order of sentence dated
22.08.2015 passed by I Additional Sessions Judge, Mungaoli, District-Ashok
Nagar (M.P.) in Sessions Trial No.95 of 2012.
Appellant No.2- Jai Hind so far has undergone jail sentence of 09 years11
months and 05 days and appellant No.3- Kailash Singh so far has undergone jail
sentenced of 09 years, 03 months, as transpired during the course of hearing.
As per prosecution story, deceased Vishnusharan Tiwari, resident of
Rambag Colony, Mungaoli, on 15.04.2012, at about 05:45 in the morning was
going to market to fetch milk. As soon as he reached the culvert of near
cremation ground, accused Kailash Dangi, Hemant Dangi and Jai Hind Dangi
who were wielding luhangi, ballam and iron rod came on motorcycles and due
to previous dispute over a land, all the accused uttered to kill Vishnusharan
Tiwari and with an intention to kill, accused Jai Hind inflicted luhangi blow on
the head of deceased Vishnusharan Tiwari which caused injury and due to
which blood started oozing out. Accused Hemant inflicted ballam blow causing
injuries on both of his shoulders and legs. When deceased fell down on the
ground, accused Kailash assaulted him by means of iron-rod due to which he
received injuries on his back and ribs. At that time, Parmal (PW-2), Ganeshram
Lodhi (PW-1) and Sapna Tiwari (PW-4) came there and on their screaming all
the accused fled away. On receipt of information, Gopal Tiwari (PW-3) and
Smt. Ramheti Tiwari, son and wife of the deceased Vishnusharan Tiwari came
there who also witnessed the incident. After the incident, deceased
Vishnusharan Tiwari was rushed to Police Station Mungaoli by a taxi where on
15.04.2012 at about 06:30 am deceased Vishnusharan Tiwari lodged the FIR
bearing Crime No.140 of 2012. Investigation was set in motion. During the
course of treatment ,deceased Vishnusharan Tiwari succumbed to the injuries
sustained by him. 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 appellants as referred above.
Learned counsel for appellants while taking exception to the impugned
judgment of conviction and order of sentence submits that the present
appellants have falsely been implicated. However, he has confined his argument
to the extent of long incarceration suffered by the appellants viz.09 years, 11
months and 05 days by appellant No.2-Jai Singh and 09 years and 03 months
by appellant No.3- Kailash Singh. It is further submitted that the appeal being of
2015 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 appellants.
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
appellant No.2-Jai Singh has suffered incarceration of 09 years, 11 months and
05 days and appellant No.3- Kailash Singh 09 years and 03 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 appellants are entitled to the benefit of suspension
of sentence and grant of bail.
Accordingly, I.A.No.2208 of 2024 and IA.No.2828 of 2024 stand
allowed and it is directed that the jail sentence of appellant No.2-Jaihind and
appellant No.3-Kailash Singh shall remain suspended during pendency of the
present appeal and they shall be released on bail subject to verification of the
factum of depositing the fine amount and on each of them 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.
Appellant No.2-Jai Singh and appellant No.3- Kailash Singh are 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 IAs stand 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
2024.02.22
13:50:11 +05'30'
