Madhya Pradesh High Court
Govinddas @ Shibbay vs The State Of Madhya Pradesh Thr on 1 March, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1067 of 2016
(GOVINDDAS @ SHIBBAY AND OTHERS Vs THE STATE OF MADHYA PRADESH THR)
Dated : 01-03-2024
Shri Sushil Goswami - Advocate for appellant No.3- Arun.
Shri S.S.Kushwah - Public Prosecutor for the respondent/State.
Heard on I.A.No. 3061 of 2024, second application under Section
389(1) Cr. P.C. moved on behalf of appellant No.3 - Arun seeking suspension
of sentence and grant of bail. First application has been dismissed as withdrawn
vide order dated 16.01.2020.
Present appellant stood convicted under Section 302/34 IPC and
sentenced to undergo imprisonment for life with a fine of Rs.5,000/-, with
default stipulation vid e judgment of conviction and order of sentence dated
15.09.2016 passed by Sessions Judge, Datia in Sessions Trial No.118/2015.
Present appellant so far has undergone incarceration of 08 years and 07
months.
A s per prosecution story, complainant along with her injured husband
Suresh (deceased) lodged an FIR at Police Station Bhander on 19.07.2015 that
while deceased Suresh was sitting in front of his house, accused persons came
there and started hurling filthy abuses on Suresh threatening him with dire
consequences. Co-accused Kallu is said to have been armed with Lohangi,
present appellant Arun with sariya, Dheeraj with Lathi and Govindas with
Danda. All of them with common intention started beating deceased Suresh
indiscriminately, as a result, Suresh died of multiple injuries so caused.
Investigation started. Upon collection of the incriminating material and recording
of statements of witnesses under Section 161 Cr.P.C, challan was filed. The
case was committed to the Sessions Court for trial. The Sessions Court upon
critical evaluation of the evidence placed on record and examination of
witnesses, convicted and sentenced the present appellant along with other co-
accused, as aforesaid.
Mr. Goswami - learned counsel for the appellant presses the instant
application for suspension of jail sentence primarily on the ground of long jail
incarceration and secondly that the sentence of co-accused Govinddas @
Shibbay has already been suspended vide order dated 10.08.2023 and sentence
of co-accused Dhiraj has already been suspended vide order dated 20.10.2023
and the case of the present appellant is akin to that of co-accused Govinddas @
Shibbay and Dhiraj. Further, the allegation against the appellant is only that of
beating the deceased with Sariya with no specific overt act or injury attributable
to the appellant. He further submits that the appeal is of the year 2016 and there
is no likelihood of early hearing of the appeal in near future. Under such
circumstances, prayer is made for suspension of sentence and grant of bail to
the present appellant.
Per contra, Shri Kushwah, learned Public Prosecutor while supporting
the impugned judgment submits that the Sessions Court upon due application
of mind has carefully considered the evidence on record and ordered
conviction against the appellant and other co-accused persons. Therefore, no
exception can be taken in the matter of suspension of sentence and grant of bail
to 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 fact that present appellant has suffered long
period of incarceration with the fact that co-accused Govinddas @ Shibbay &
Dhiraj have since been extended the benefit of suspension of sentence and grant
of bail vide order dated 10.8.2023 & 20.10.2023 and the present appeal is of
the year 2016 and there is no likelihood of early hearing of the appeal, in the
obtaining facts and circumstances, appellant is held entitled for suspension of
jail sentence.
Accordingly, it is directed that the jail sentence of appellant No.3 - Arun
shall remain suspended and he shall be released on bail, subject to verification
of amount of fine being deposited and on his furnishing a personal bond in the
sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand only) with one
solvent surety in the like amount to the satisfaction of the Trial Court. Appellant
No.3-Arun is directed to appear before the Registry of this Court first on
30.05.2024 and on other subsequent dates as may be fixed by the Office in
this behalf.
Accordingly, IA No. 3061 of 2024 stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of disposal of the
application for suspension of sentence and shall have no hearing on the merits
of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
ojha
