Daulat Singh Gujar vs The State Of Madhya Pradesh
2024 Latest Caselaw 5936 MP

Madhya Pradesh High Court

Daulat Singh Gujar vs The State Of Madhya Pradesh on 27 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 910 of 2020
                                    (DAULAT SINGH GUJAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 27-02-2024
                                Mrs. Durgesh Gupta - Advocate for the appellant No.1-Daulat Singh

                          Gurjar.
                                Shri Ajay Shukla - Government Advocate for respondent-State.

Heard on I.A. No. 4113 of 2024, fourth application filed under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant

No1- Daulat Singh Gurjar arising out of judgment dated 11.12.2019 delivered in S.T. No. 62/2016 Ist Additional Sessions Judge Pipariya, Distt. Hoshangabad.

Learned Government Advocate adopts previous objection. The appellant no.1 has been convicted for the offence punishable under Section 302/149 of IPC and sentenced to undergo Life Imprisonment with fine o f Rs.1000/-, Section 307/149 of IPC and sentenced to undergo R.I. for 14 years with fine of Rs.500/-, Section 326/149 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.500/-, Section 325/149 of IPC (two counts)

and sentenced to undergo R.I. for three years with fine of Rs.500/- on each count, Section 148 of IPC and sentenced to undergo R.I. for one year with fine of Rs.500/- and Section 323/149 of IPC sentenced to undergo R.I. for six months with fine of Rs.500/-, with default stipulations.

Learned counsel for this appellant submits that although by order dated 07.01.2021 this Court rejected the previous application of this appellant for suspension of sentence, the Court was kind enough in suspending the remaining jail sentence of appellants No. 5 and 4 by orders dated 05.12.2023 and

01.02.2024 respectively. One of the main consideration for suspension of sentence was that the injury is allegedly caused by appellants No. 4 & 5 by means of lathi. The prosecution story shows that present appellant was also carrying lathi. The cause of death as per postmortem report is based on assault by some sharp object. Considering the aforesaid, the remaining jail sentence of present appellant may be suspended.

Learned G.A. opposed the prayer but did not dispute that appellant was carrying lathi.

Considering the aforesaid and by applying the principles of parity, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A No.4113 of 2024 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.2 is hereby suspended and it is directed that appellant No.1- Daulat Singh Gurjar be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court Pipariya, Distt. Hoshangabad on 11.03.2024. and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                             (SUJOY PAUL)                                (AMAR NATH (KESHARWANI))
                                JUDGE                                             JUDGE

                          sarathe