Madhya Pradesh High Court
Sarpanch@ Janak Singh vs The State Of Madhya Pradesh on 26 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 14587 of 2023
(SARPANCH@ JANAK SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 26-02-2024
Shri Prasoon Maheswari- Advocate for the appellants.
Shri A.K. Nirankari-Public Prosecutor for respondent/State.
Heard o n IA No.22387/2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.1 & 4 namely Sarpanch a lia s Janak Singh & Gappe alias
Krishnakant respectively.
Present appellants stood convicted under Sections 307/149, 148 &
323/149 ofIPC and sentenced to undergo imprisonment for life with a fine of
Rs.50,000/-, RI for thee years with a fine of Rs.10,000/-, RI for one year with a
fine of Rs.1,000/- respectively with default stipulations vide judgment of
conviction and order of sentence dated 26/10/2023 passed by Additional
Sessions Judge, Lahar to the Court of Additional Sessions Judge, Lahar,
District (M.P.) in Sessions Trial No.10/2023.
The present appellants so far has undergone actual jail sentence of 4
months.
As per prosecution story, on the date of incident i.e. 13/8/2023, accused
Chukhru hurled abuses to complainant Lal Singh and when at about 10:00 in the
night, complainant reached his home then at that time at the scene of incident
i.e. outside the house of complainant, Ward No.8 Kasba Daboh, accused
Chukhru & Sooraj hit the doors of the house of complainant by legs and when
complainant Lal Singh and his wife Mamta came out of the house then Chukhru
inflicted axe blow on their right cheek causing injury, due to which blood started
oozing out. Accused Sooraj Assaulted them by means of stick (danda). When
Lal Singh intervened then Chukhru by means of butt of the axe and Sooraj by
means of stick (danda) assaulted him and caused injuries. This incident was
witnessed by Govind Singh & Chotu Gurjar who intervened. Accused persons
threatened for dire consequences. On the basis of such information, given by
complainant, at Police Station Daboh, the 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 case was committed to the Sessions Court for trial. The Sessions Court on
appreciation of evidence placed on record convicted and sentenced the present
appellant as mentioned above.
Learned counsel for the present appellant while taking exception to the
impugned judgment of conviction and order of sentence, inter alia, submits
that present appellants No.1&4 have falsely been implicated in the present case.
The trial Court has not appreciated the evidence place on record in correct
perspective and the judgement is based on surmises and conjectures. It is
further submitted by learned counsel for appellants that present appellants' name
did not find place in the FIR. In fact, they have been implicated later on based
on statements recorded under Section 161 Cr.P.C. of complainant Lal Singh
(PW-8) & his wife Mamta (PW-9), however, the Medical Evidence belies the
story of prosecution as the injuries alleged to have been inflicted by them are
not corroborated with the MLC. That apart, present appellants have already
suffered incarceration of 4 months. Appeal is of the year 2023 and there is no
likelihood of its early hearing in the near future. On these grounds, learned
counsel submits that the present appellants 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 refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that present appellants have already suffered
incarceration of four months coupled with the fact that the appeal which is of
the year 2023 is not likely to be decided in the near future, in the obtaining facts
and circumstances, we are of the view that present appellant is entitled to the
benefit of suspension of sentence and grant of bail.
Accordingly, IA No. 22387/2023 stands allowed and it is directed that
the jail sentence of appellant No.1 & 4 namely Sarpanch alias Janak Singh
& Gappe alias Krishnakant 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.1 & 4 namely Sarpanch alias Janak Singh & Gappe alias
Krishanakant are directed to appear before the Registry of this Court first on
30.05.2024 and thereafter, 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
(Dubey)
