Madhya Pradesh High Court
Surendra Badai vs The State Of Madhya Pradesh on 28 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1181 of 2014
(SURENDRA BADAI Vs THE STATE OF MADHYA PRADESH)
Dated : 28-02-2024
Shri A.K. Jain - Advocate for the appellant.
Shri P.S. Raghuvanshi - Public Prosecutor for respondent/State.
Heard on I.A. No.23130 of 2023, fourth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant- Surendra. All his earlier applications for suspension of sentence and
grant of bail have been dismissed as withdrawn.
Present appellant stood convicted under Sections 302, 450 IPC and
under Section 3(2)(v) of SC/ST Act and sentenced to undergo imprisonment
for life with a fine of Rs.2,000/-, RI for five years with a fine of Rs.1,000/- and
imprisonment for life with a fine of Rs.2,000/- respectively with default
stipulations vide judgment of conviction and order of sentence dated
18.09.2014 passed by Special Judge [Scheduled Castes and Scheduled Castes
(Prevention of Atrocities) Act, 1989], Datia (M.P.) in Special Case No.86 of
2013.
The present appellant so far has undergone jail sentence of 10 years, 06
months, 26 days as per the report dated 20.02.2024 sent by Superintendent,
Central Jail, Gwalior (M.P.).
As per prosecution story, on 15.07.2013 at about 03 in the afternoon at
village Berachch, in the residential house of complainant Bhaiyalal Dohre, on the
question of giving missed call on the mobile of complainant Bhaiyalal Dohre,
when complainant asked appellant about the same on which appellant said that
he had talked with the deceased. When complainant enquired about the same
from her daughter, she apprised that appellant had wanted to defame her. On
the said date, wife of the complainant had gone to jungle for grazing her she-
goats. In front of the house of complainant Bhaiyalal, near Peepal Tree, he was
sitting along with Allu Barar, Rajpal Yadav, Hari Mohan Barar, Mangal Kori and
Ramprasad Dohre. His elder daughter also went to see the she-goats. When his
younger daughter (deceased) was all alone home, fumes were seen to have been
coming out of the house due to its burning. On listening to the screams of the
daughter of the complainant, all rushed to his house and found that fire had
caught his daughter (deceased). They extinguished the fire and dialed 108
Ambulance whereafter the complainant and his brother Kishore, Ghanaram,
Mangal and others rushed to Bhander Hospital along with the deceased in her
burnt condition where the deceased apprised the complainant to the effect that
Surendra Badhai (appellant) of the village, with an intention to kill, after
splashing kerosene set her ablaze and when she screamed, he ran away. On the
basis of such report, Dehati Nalisi was reduced in writing and then FIR was
registered. Her dying declaration was recorded by Naib Tahsildar, Bhander
Ex.P-10. During the course of treatment deceased succumbed to the burn
injuries she sustained. Investigation was set in motion. Upon completion of
investigation including recording of statements, collection of evidence and
necessary formalities, challan was filed. The Special Court, on appreciation of
evidence placed on record, convicted and sentenced the present appellant.
Learned counsel for appellant while taking exception to the impugned
judgment of conviction and order of sentence submits that the present appellant
has falsely been implicated. However, he has confined his argument to the
extent of long incarceration suffered by the present appellant viz. 10 years, 06
months, 26 days as per the report dated 20.02.2024 sent by Superintendent,
Central Jail, Gwalior (M.P.). It is further submitted that the appeal being of 2014
is not likely to be decided in the near future. On these grounds, learned counsel
submits that the present appellant 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 appellant.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
present appellant so far has undergone incarceration of 10 years, 06 months and
26 days as per the report dated 20.02.2024 sent by Superintendent, Central Jail,
Gwalior (M.P.), and the appeal which is of the year 2014 is not likely to be
decided in the near future, we are of the view that present appellant is entitled to
the benefit of suspension of sentence and grant of bail.
Accordingly, I.A. No.23130 of 2023 stands allowed and it is directed that
the jail sentence of present appellant shall remain suspended during pendency of
the instant appeal and he shall be released on bail subject to verification of the
factum of depositing the fine amount and 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.
Appellant- Surendra is directed to appear before the Registry of this
Court first on 29.05.2024 and 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) (MILIND RAMESH PHADKE)
JUDGE JUDGE
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