Madhya Pradesh High Court
Totaram vs The State Of Madhya Pradesh on 23 February, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 11103 of 2023
(TOTARAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 23-02-2024
Shri Lucky Jain, learned counsel for the appellant.
Shri G. S. Chouhan, Dy. Government Advocate for the
respondent/State.
Learned counsel for the respondent/State submits that he is adopting the
reply filed in case of appellant- Totaram in this case also.
2. Heard on I.A. No.2587/2024, which is first application under Section
389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on
behalf of appellant no.2-Sumit.
3. Learned Trial Court has convicted the present appellant under
Sections 147, 148, 323/149 (03 counts), 325/149, 302/149 and 506-II of IPC
and sentenced him to undergo RI for 02 years with fine of Rs.500/-, RI for 02
years with fine of Rs.500/-, RI for 01 year with fine of Rs.500/- (03 counts), RI
for 03 years with fine of Rs.500/-, life imprisonment with fine of Rs.2,000/- and
RI for 02 years with fine of Rs.500/- respectively with default stipulations, vide
judgement of conviction and order of sentence dated 24.07.2023 passed by the
Additional Judge from the Court of Additional Sessions Judge, Bhikangaon,
West Nimar, Mandleshwar (MP) in S.T. No.22/2019.
4. As per prosecution case, on 07.04.2019, at around 08:00 PM,
accused Deepak came in front of house of the complainant Chogalal and started
to abuse him in filthy language. The complainant came out from his house and
stopped to abuse. Co-accused Deepak assaulted the complainant on his left
elbow by means of lathi. Father of complainant Ratan, son Rahul, sister-in-law
Gunjibai and wife of complainant Mainabai came there. Then, family members
of co-accused Deepak, co-accused Totaram and present appellant Sumit
abused in filthy language. Co-accused Deepak gave brick blows on head of
Rahul, other co-accused persons also assaulted the complainant by kicks and
lathi. Due to injury, Rahul died on 10.04.2019. Other injured persons Chogalal,
Ratan, Mainabai and Gunjibai had also sustained injury on their body parts.
5. Learned counsel for the present appellant submits that co-accused
Totaram has been granted benefit of suspension by this Court vide order dated
09.02.2024 and case of the present appellant is similar to that of co-accused
Totaram. It has further been submitted that present appellant is in custody
since 15.04.2019 to 18.12.2019 and thereafter from the date of judgment i.e.
24.07.2023. Final hearing of this appeal is not possible in near future therefore,
it is prayed that the remaining jail sentence may be suspended and present
appellant may also be released on bail.
6. Per contra, learned counsel for the respondent/State has opposed the
prayer of the appellant but has not disputed the similarity of case of the present
appellant with co-accused Totaram.
7. We have heard learned counsel for the parties and perused the record.
8. Having considered the rival submissions, it appears that case of the
present appellant is identical with co-accused Totaram therefore, without
expressing any opinion on the merits of the case, I.A. No.2587/2024 is
allowed and jail sentence of the appellant no.2 Sumit shall remain suspended.
9. It is directed that subject to depositing the fine amount, if already not
deposited, appellant no.2- SUMIT shall be released on bail, on furnishing
personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only)
alongwith a solvent surety in the like amount to the satisfaction of Trial Court,
for his appearance before the Registry of this Court firstly on 29.04.2024, and
on such other dates, as may be fixed by the Registry in this regard, till final
disposal of this appeal.
10. List the matter for final hearing in due course.
Certified copy, as per Rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
ajit
