Madhya Pradesh High Court
Manmohan 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. 5377 of 2018
(MANMOHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 29-02-2024
Shri Sanjay Gupta - Advocate for the appellants.
Shri Lokendra Shrivastava - Public Prosecutor for respondent/State.
Shri Tapendra Sharma - Advocate for the complainant.
Heard o n IA.4098 of 2024, fourth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.1 - Manmohan. His earlier applications were dismissed as
withdrawn.
Present appellant No.1 stood convicted under Section 302/149 of IPC
and sentenced to undergo LI with fine of Rs.3000/-, Section 307/149 of IPC
and sentenced to undergo 10 years RI with fine of Rs.2000/-, Section 323/149
of IPC and sentenced to undergo 06 months' RI with fine of Rs.1000/-, Section
148 of IPC and sentenced to undergo 01 year RI with fine of Rs.1000/-,
Section 25(1-b) of Arms Act and sentenced to undergo 02 years' RI with fine
of Rs.1000/- and Section 27 of the Arms Act and sentenced to undergo 03
years RI with fine of Rs.2000/- with default stipulations respectively vide
judgment of conviction and order of sentence dated 09-06-2018 passed in ST
No.142/2015 by Additional Sessions Judge, Karera, District-Shivpuri.
Appellant No.1 so far has suffered incarceration of 05 years and 10
months as transpired during the course of hearing.
As per prosecution story, on 18.02.2015 at about 12:05, Pramod (PW-1),
at Police Station Karera, reported to the effect that he was the resident of village
Nichrauli and was posted as Teacher at Lodhipura school. The wife of his elder
brother Brajesh Yadav was contesting election of Sarpanch from Kalipahadi
and the wife (Smt. Archana) of accused Kehar Yadav son of his elder uncle
(Tau) was the candidate for the post of Sarpanch from village Nichrauli and the
wife (Smt. Archana) of Raheesh son of his elder brother Brajesh had also filled
up the form for contesting for the post of Sarpanch from village Nichrauli.
However, due to pressure of Rakesh Yadav, form filled up by the wife of
Raheesh was got withdrawn by Brajesh and others. Rakesh Yadav wanted that
Brajesh, Pramod and others should campaign for wife of Kehar but since
Brajesh had denied, they were displeased with the same. On. 18.02.2015 at
about 8-9 in the morning, when Pramod (PW-1) along with his brother Brajesh
were coming out of the village, near the house of Sobaran Yadav, accused
Rakesh and Pradeep met who on the point of 315 bore country made pistol
(Katta) threatened Pramod (PW-1) and Brajesh for dire consequences, leading
to killing of their entire family if they would not campaign for and support them.
Pramod (PW-1) and Brajesh ignored the threat and thereafter Pramod (PW-1)
leaving his brother at home went to the school. At about 11:15, Brajesh invited
Pramod (PW-1) for lunch by sending Punjab Yadav (PW-5) on which when
Pramod (PW-1) went on the well situated in the field, accused Rakesh,
Pradeep, Gopal, Kailash, Kehar and their three relatives (one of them is present
appellant Manmohan), residents of Pohra, Jhansi came there and started hurling
abuses to Brajesh and Pramod (PW-1) and uttered to kill. Makhan,
Dharmendra, Punjab and Aazad were there. On seeing all of them, Rakesh
Yadav, by means of 315 bore country-made pistol, with an intention to kill,
fired which hit Brajesh on the left side of his stomach due to which he fell down
on the ground. Pradeep Yadav by means of 315 bore country-made pistol, with
an intention to kill, fired which hit on the rump of Makhan and went through it
due to which he fell down on the ground. Kehar also by means of 315 bore
country-made pistol (katta), with an intention to kill, fired which hit above the
calf of the right leg. Thereafter, Gopal Yadav, by means of 315 bore country-
made pistol, with an intention to kill, fired which passed near the head of
PUnjab Singh. Kailash Yadav hit the head of Punjab Singh with the butt of 12
bore gun. The relative of Pradeep (present appellant), resident of Pohrawale
fired with an intention to kill Pramod (PW-1) but he fell down on the ground
and the bullet went above him. All assailants fled away therefrom after hurling
abuses. Brajesh died on the spot. Pramod (PW-1) and others brought the
deceased and other injured to the police Station. Marg was registered. After
marg enquiry, the FIR was reduced in writing. Investigation was set in motion.
Upon completion of investigation including recording of statements, collection
of evidence and necessary formalities, challan was filed before the JMFC,
Karera, District Shivpuri (M.P.), who, in turn, committed the case to the
Sessions Court. The Sessions Court on appreciation of evidence placed on
record convicted and sentenced the present appellant as mentioned above.
Learned counsel for the appellant No.1 while taking exception to the
impugned judgment of conviction and order of sentence, inter alia, submits
that the present appellant's name did not find place in the FIR. He has been
roped in only for the reason that he was alleged to be the relative of one of the
co-accused, namely, Pradeep who was present on the spot armed with 315
bore country-made pistol and caused bullet injury to one of the injured persons.
No act much less overt act has been attributed to the present appellant. Learned
counsel referred to para 55 of the judgment impugned to contend that the Trial
Court has convicted the present appellant with the aid of Section 149 IPC.
Present appellant has already suffered incarceration of 5 years and 10 months. It
is further submitted that co-accused Balkishan has already been extended the
benefit of suspension of sentence and grant of bail by this Court vide order
dated 22-02-2024 and appellant No.1 seeks parity. Appeal is of the year 2018
and there is no likelihood of its early hearing in the near future. On these
grounds, learned counsel submits that the present 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 contends that the
name of the present appellant No.1 who happens to be the relative of accused
has figured in the statement of injured person recorded under Section 161
Cr.P.C. wherein the present appellant No.1 is said to be present on the spot.
However, he does not dispute that no act much less overt act is attributed to the
present appellant No.1 either in the FIR or discussed in the impugned judgment.
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
particularly the fact that present appellant No.1 has already suffered
incarceration of five years and ten months coupled with the fact that co-accused
Balkishan has been given the benefit of suspension of sentence and grant of bail
by this Court (supra), the appeal which is of the year 2018 is not likely to be
decided in the near future, we are of the view that present appellant No.1 is
entitled to the benefit of suspension of sentence and grant of bail.
Accordingly, IA No. IA.4098 of 2024 stands allowed and it is directed
that the jail sentence of appellant No.1-Manmohan 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.
Appellant No.1-Manmohan Singh is directed to appear before the
Registry of this Court first on 31.05.2024 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) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
vc
VARSHA
CHATURVEDI
2024.03.01
13:17:46 +05'30'
