Madhya Pradesh High Court
Shiv Singh @ Banbari vs The State Of Madhya Pradesh on 29 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 75 of 2020
(SHIV SINGH @ BANBARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 29-02-2024
Shri D.R. Sharma - Advocate for the appellants.
Shri Rajesh Shukla - Additional Advocate General for respondent/State.
Heard on I.A.No.22374 of 2023, third application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.1- Shiv Singh @ Banbari.
Present appellant stood convicted under Sections 302/34 of I.P.C and
sentenced to undergo life imprisonment with a fine of Rs.500/- and Section
323/34 (three counts) of the I.P.C. and sentenced to undergo R.I. for one year
with fine of Rs.250/- on each count, with default stipulations vide judgment of
conviction and order of sentence dated 03.12.2019 passed by Ninth Additional
Sessions Judge, Gwalior in S.T. No.586/2017.
The present appellant so far has undergone jail sentence of about four
years and seven months, as stated by learned counsel for the appellants.
The case of the prosecution, in brief, is that complainant Vichitra Singh
lodged a report at Police Station Sirol to the effect that on 20.07.2017 at about
7:30 pm, his son Annu @ Arnav and the son of appellant Shiv Singh Jatav were
playing outside. There was a fight among the children while playing. Due to this,
appellant Shiv Singh and his wife Asha, Kamal @ Kamlesh Jatav and Bharat
Jatav started hurling filthy abuses. When the complainant objected it, then
accused Bharat Jatav gave a lathi blow on his head which hit at middle of his
head and he got injured and blood started oozing out. When he screamed, his
father Tej Singh, brother Ravi and mother Ramshri came to save him, then
accused Kamal @ Kamlesh gave a blow of baseball bat over the left side of
head of father of the complainant, due to which blood started oozing out,
accused - Bharat gave a lathi blow to Ravi which hit on his head and right
shoulder, due to which blood started oozing out. Appellant Shiv Singh caught
hold of the hands of his mother Ramshri and accused Asha beat her with kicks
and fists, owning to which she sustained injury in her left wrist and back.
Meanwhile, people of locality came and intervened, then accused persons, while
returning threatened the complainant party for dire consequences. The FIR was
registered and investigation was set in motion. Upon completion of investigation
including recording of statements, collection of evidence and necessary
formalities, challan was filed. The Sessions Court, on appreciation of evidence
placed on record, convicted and sentenced the present appellant as mentioned
above.
Learned counsel for appellants while taking exception to the impugned
judgment of conviction and order of sentence submits that the Sessions Court
has not appreciated the evidence placed on record in correct perspective. The
judgment suffers from surmises and conjectures. It is submitted that the present
appellant has falsely been implicated in the instant case. It is further submitted
that there is no allegation against the appellant No.1-Shiv Singh of causing injury
to the deceased - Tej Singh. The allegation against appellant No.1 is that he
caught hold of the hands of Ramshri. It is further submitted that the incident
occurred on the spur of moment without any premeditation due to some trivial
issue relating to dispute of children. It is further submitted that present appellant
has so far undergone incarceration of about four years and seven months and
the appeal being of 2020 is not likely to be decided in the near future. On these
grounds, learned counsel submits that the appellant No.1 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 refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the obtaining facts and circumstances of the case and
the fact that present appellant has already suffered incarceration of four years
and seven months and the appeal which is of the year 2020 is not likely to be
decided in the near future, we are of the view that appellant No.1- Shiv Singh @
Banbari is entitled to the benefit of suspension of sentence and grant of bail.
Accordingly, I.A.No.22374 of 2023 stands allowed and it is directed
that the jail sentence of appellant No.1 shall remain suspended during pendency
of the present 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, with following further
condition :-
"That the appellant No.1 shall mark his presence before the
concerned police station twice in every week till pendency of this
appeal. "
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 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
Aman
