Madhya Pradesh High Court
Boby @ Harshvardhan Singh vs The State Of Madhya Pradesh on 27 February, 2024
Author: Sheel Nagu
Bench: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1492 of 2017
(BOBY @ HARSHVARDHAN SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 27-02-2024
Shri Sanjay Kumar Kushwaha - Advocate for appellant.
Shri Pramod Kumar Pandey - Government Advocate for respondent/
State.
I.A. No.25796/2023, fourth application filed u/S.389(1) of Cr.P.C. for
suspension of sentence on behalf of appellant Bobby @ Harshvardhan Singh is
taken up and considered along with the objection filed by the State.
This criminal appeal assails the judgment dated 22.02.2017 passed in
S.T. No.386/2015 by Sessions Judge, Satna, District Satna (M.P.) whereby
appellant has been convicted u/S.302 of IPC and u/Ss.25(1-B) (B) and 27 of
Arms Act and sentenced to undergo Life Imprisonment with fine of Rs.1,000/-;
R.I. for two years with fine of Rs.1000/-; and R.I. for three years with fine of
Rs.1000/- respectively with default stipulations.
The prosecution story which is found to be proved is that on the fateful
day verbal exchange of abusive words took place between the deceased and
appellant where the appellant abused and threatened the deceased. Soon
thereafter appellant came armed with a knife and inflicted stab injury in the
abdominal area of the deceased, which turned out to be fatal due to septicemia
caused by the injury.
The FSL report has found that the blood available on the offending
weapon is not enough to render any finding. There appears to be past animosity
between the rival parties and only a single blow was inflicted.
Looking to the age of appellant who was nearly 23-24 years old at the
time of incident and also considering the fact that out of 19 cases constituting
criminal antecedents, the appellant has been acquitted in 16 and in two which
are not of grievous offences has been convicted, one of the case is still
pending, moreover the appellant has suffered about 8 and 1/2 years of
incarceration as against life sentence imposed, without commenting upon merits
of the case, this Court is though inclined to grant bail to appellant by way of
suspension of sentence but with stringent condition. Hence, I.A.
No.25796/2023 is allowed.
It is directed that jail sentence of appellant - Bobby @ Harshvardhan
Singh will remain under suspension subject to deposit of fine amount, if not
already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty
Thousand Only) with two solvent sureties each of Rs.25,000/- (Rupees
Twenty Five Thousand) to the satisfaction of concerned available Magistrate
for his appearance before concerned available Magistrate on 24.04.2024 and
on such further dates as may be fixed in this regard which shall be of frequency
not less than once a year.
The appellant shall also mark his appearance once in every month before
the local Police Station having territorial jurisdiction over the ordinary residence
of appellant.
In case of failure of appellant to mark his appearance at the police station
once in every month, the SHO of the concerned Police Station shall report the
matter to the learned Trial Judge, who shall be free to cancel the bail if the said
absence or non marking of appearance is not supported by any bona fide
reason.
Further it is directed that in case, appellant is found absent on any date
fixed by the concerned available Magistrate, then concerned available Magistrate
shall be free to issue and execute warrant of arrest for securing his presence
without first referring the matter to this Court, provided the Registry of this
Court is kept informed.
A copy of this order be sent to the Trial Court concerned for
compliance.
C.C. as per rules.
(SHEEL NAGU) (VINAY SARAF)
JUDGE JUDGE
DV
Date: 2024.02.27 17:08:09 +05'30'
