Madhya Pradesh High Court
Manoj Singh Sikarwar vs The State Of Madhya Pradesh on 23 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 388 of 2018
(MANOJ SINGH SIKARWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 23-02-2024
Ms. Nikita Jain - Advocate for the appellant No.1-Manoj.
Shri S.S. Kushwaha - Public Prosecutor for the respondent-State.
Shri M.C. Pathak - Advocate for the complainant.
Heard on I.A.No.3637/2024, which issecond repeat application filed
under Section 389(1) of Cr.P.C seeking suspension of sentence and grant of
bail on behalf of appellant No.1-Manoj Singh.
Appellant No.1-Manoj Singh stands convicted under Sections 294,
302/34 and 307/34 of IPC and Section 25(1-B)(a) and 27(1) of Arms and
sentenced to undergo imprisonment for three months' RI, imprisonment for life
with fine of Rs.5000/-, seven years' RI with fine of Rs.2000/-, two years' RI
with fine of Rs.1000/- and three years' RI with a fine of Rs.2000/-, respectively
with default stipulations vid e judgment of conviction and order of sentence
dated 17/11/2017 passed by Second Additional Sessions Judge, Joura District
Morena (M.P.) in Sessions Trial No.188/2015.
Appellant No.1-Manoj Singh so far has already undergone 09 years and
05 months' custody.
As per prosecution story, the complainant Parimal and the appellant No.2
Feran Singh are real brothers. They have been living separately for a
considerable long period. A property dispute persist between the two, as a
result, it is alleged that there has been animosity between them. On the fateful
day at about 07:30 in the morning on 12.09.2014 the request of the complainant
to Feran Singh and his son (present appellant) to allow him to fetch water from
the jet-pump of joint ownership, Feran Singh and present appellant reacted
badly and hurling filthy abuses. Thereafter appellant with his brother armed with
12 bore licencee gun and Feran Singh armed with 12 bore gun came on the spot
and Manoj alleged to have fired gun shot injuries hitting Girraj on right side of
eye-brow and also gun shot injury on left hand shoulder of Girraj, who fell
down. Feran Singh is alleged to have fired gunshot injury to Raghvendra. The
pellets of the bullet hit on different parts of the body of Raghvendra. On raising
alarm, other family members came to their rescue. They both were rushed to
hospital for treatment, however, Girraj passed away, but Raghvendra survived.
On the basis of such information, FIR was registered and the investigation was
set in motion. Upon completion of investigation, challan was filed and the case
was committed to the Sessions Court. The Sessions Court upon critical
evaluation of the oral and documentary evidence placed on record, has
convicted and sentenced appellant as aforesaid.
Ms. Nikita Jain, learned counsel for appellant No.1 prays for suspension
of sentence primarily on the ground of long jail incarceration with submission
that the alleged dispute between the parties was of triable in nature. Co-accused
Feran Singh has already been extended benefit of bail vide order dated
14.07.2023. The appeal is of the year 2018 and there is no likelihood of early
hearing of the instant appeal in near future, hence, he prays for suspension of
sentence and grant of bail to appellant No.1-Manoj Singh.
Per contra, learned Public Prosecutor for respondent/State and learned
counsel for complainant opposes the application supporting the impugned
judgment with submission that it is a case of premediation of mind and common
intention. Appellant armed with gun has fired gunshots injuries, hence, no
exception can be taken in the matter of suspension of sentence and grant of bail
to 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 but regard being had to the fact that appellant No.1-Feran Singh Sikarwar
so far has undergone 09 years' and 05 months' incarceration as against the
sentence so awarded and the appeal is of the year 2018 and that there is no
likelihood of early conclusion of the appeal in near future, appellant No.1 is held
entitled to the benefit of suspension of sentence and grant of bail.
Accordingly, I.A. No.3637/2024 stands allowed and it is directed that
the jail sentence of appellant No.1-Manoj Singh shall remain suspended
during pendency of present appeal and he be released on bail 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 subject to
verification of factum regarding deposit of fine amount. Appellant No.1 is also
directed to appear before the Registry of this Court first on 31/05/2024 and
thereafter, on other subsequent dates as may be fixed in this behalf.
Accordingly, the said I.A. stand allowed and disposed of.
T he order passed today is subject to condition that appellant or his
family members shall not indulge into any anti social or criminal activities against
the complainant or his family members in any manner whatsoever, including the
land dispute as both of them have adjacent agricultural land. In such situation
the complainant shall be free to approach this Court for cancellation of bail and
recalling of order of suspension of sentence.
Observations on facts, if any, are only for the purpose of deciding the
instant I.As. and shall have no bearing on the merits of the appeal.
Certified copy as per rule.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
yog
YOGESH
VERMA
2024.02.23
16:48:37
+05'30'
