Madhya Pradesh High Court
Sonu vs The State Of Madhya Pradesh Thr on 2 January, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 530 of 2017
(SONU AND OTHERS Vs THE STATE OF MADHYA PRADESH THR)
Dated : 02-01-2024
Shri Vishal Singh Bhadoria, learned counsel for the appellants.
Shri Rajesh Shukla, Additional Advocate General for the
respondent/State.
Shri Anshu Gupta, learned counsel for the complainant.
Heard on I.A.No.24892 of 2021, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.1 Sonu.
Present appellant stands convicted under Section 302/34 IPC and
sentenced to undergo imprisonment for life with a fine of Rs.25,000/- with
default stipulation vide judgment of conviction and order of sentence dated
16.02.2017 passed by Special Judge SC/ST (Prevention of Atrocities) Act
District Vidisha (M.P.) in Special Sessions Trial No.137/2014. The present
appellant so far has undergone jail sentence of 9 years and 03 months.
As per prosecution story, on 16.7.2014 at 3:00 P.M., Shivcharan Ahirwar
lodged a missing person report bearing No.45/2014 stating therein that on
14.7.2014 at 11:00 A.M. his son Golu went along with brother-in-law (Sadu) of
his elder son Bhoopat, on his motorcycle saying that he is going towards Imli
Chaurah, but he did not return. He was searched at relatives' places but he
could not be traced. Thereafter, on 17.7.2014 FIR (Ex.P/21) was registered.
On the same day below the culvert situated in village Ghatwai at Vidhsha Amba
Nagar Road one dead body of a male was found which after postmortem was
buried at Khairai Road, Shamshanghat, Village Nateran. On 18.7.2014 at 2:00
P.M., the dead body was taken out and the same was identified by complainant-
Shivcharan, father of the deceased, to be of his son Golu. After commital,
charges were framed against the appellant and other co-accused which they
denied and requested for trial. The Special Court on appreciation of evidence
placed on record convicted and sentenced the present appellant as aforesaid.
Learned counsel for appellant while taking exception to the impugned
judgment of conviction and order of sentence submits that the Special Court
has not appreciated the evidence placed on record in correct perspective. The
judgment suffers from surmises and conjectures. It is further submitted that
present appellant has so far undergone incarceration of 9 years and 03 months.
It is further submitted that the appeal being of 2017 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 9 years and 03 months,
and the appeal which is of the year 2017 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.24892 of 2021 stands allowed and it is directed
that the jail sentence of present appellant 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 subject to
verification of factum regarding deposit of fine amount. Appellant No.1-Sonu
is directed to appear before the Registry of this Court first on 19.02.2024 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) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Ahmad
