Madhya Pradesh High Court
Sanjay Paviya vs The State Of Madhya Pradesh on 9 May, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1497 of 2017
(SANJAY PAVIYA Vs THE STATE OF MADHYA PRADESH)
Dated : 09-05-2024
Shri Sachin Bhatnagar - Advocate for appellant Sanjay Paviya S/o
Antar Singh Paviya.
Shri Gaurav Singh Chouhan - Deputy Government Advocate
appearing on behalf of Advocate General for respondent - State of Madhya
Pradesh.
Heard on I.A. No.2332 of 2024, which is a repeat (fourth) application
under Section 389 (1) of Code of Criminal Procedure, 1973 (herein after
referred to as the Code) for suspension of sentence and enlargement on bail
moved on behalf of sole appellant Sanjay Paviya S/o Antar Singh Paviya.
2. Vide judgment and order dated 22.06.2017 passed in Sessions Trial
No.158 of 2012 by learned Additional Judge to the Court of First Additional
Sessions Judge, Shajapur, the appellant - applicant has been convicted under
Section 302 of Indian Penal Code, 1860 (herein after referred to as IPC) and
sentenced to undergo Life Imprisonment with fine of Rs.5,000/- (rupees five
thousand) with default stipulation.
3. Facts in brief are that Rajesh S/o Ramsharan Tiwari (deceased) was
sitting at the boundary of Bawari with Pappu Kachhi at 08:00 PM of 4th March,
2012 in Shajapur. The appellant - accused Sanjay Paviya also went to that place
and asked Rs.100/- from Rajesh Tiwari. Rajesh Tiwari denied to fulfill the
demand, then appellant - accused hurled abusive words and slapping on the
cheek of Rajesh Tiwari, pushed him into Bawari, due to which Rajesh Tiwari
fell into Bawari in which stones were present and Rajesh Tiwari sustained
injuries in left hand, right leg and backbone. An offence under Sections 294,
323 and 327 of IPC was registered at Police Station Shajapur as Crime No.241
of 2012 and Rajesh Tiwari was admitted to District Hospital, Shajapur for
treatment and final report under Sections 323, 294, 327 and 329 of IPC was
submitted to the Court of Chief Judicial Magistrate, Shajapur and the matter was
committed to the Sessions Court. Injured Rajesh Tiwari died on 21.08.2012
and a report under Section 173 (8) of the Code was also submitted adding
Section 302 of IPC. The appellant was tried under Section 302 of IPC and
thereafter convicted and sentenced as stated herein above.
4. This fourth application under Section 389 (1) of the Code has been
preferred on the ground that the appellant - accused has already undergone
seven years rigorous imprisonment out of punishment for life imprisonment.
Dr. N.K. Gupta (PW-5) and Dr. D.K. Ghanghoriya (PW-6) nowhere stated that
the cause of death of the deceased is the injuries caused by the appellant -
accused, as alleged incident occurred on 04.03.2012 and the deceased died on
21.08.2012. The appellant - accused is ready to furnish adequate surety to the
satisfaction of the Court and shall abide by all the directions and conditions that
may be imposed by the Court. Final hearing of this appeal is not possible in
near future, therefore, it is prayed that the remaining jail sentence may be
suspended and appellant may be released on bail.
5. It is also argued referring to a judgment of the Supreme Court in case of
N. Ramkumar v. The State represented by Inspector of Police (2023
INSC 812) that at the most the act committed by the present appellant falls
within Section 304 Part-II of IPC; and after rejection of third bail application on
12th October, 2018, a sentence of more than five years and seven months has
also been undergone by the appellant - accused.
6. Learned Public Prosecutor has opposed the application vide Document
No.4538 of 2024 by submitting that the trial Court has convicted the appellant -
accused on meticulous appreciation of the prosecution evidence, hence no case
for suspension of sentence is made out.
7. We have heard learned counsel for the parties and perused the record
along with the impugned judgment.
8. First application under Section 389 (1) of the Code was dismissed as
withdrawn on 24.10.2017 (IA No.7705 of 2017) and second application (IA
No.24074 of 2017) was dismissed on 1s t March, 2018 observing that on due
consideration of overt act of the present appellant, no case for suspension of
jail sentence, as prayed is made out. Third application (IA No.6095 of 2018)
was dismissed on 12th October, 2018 with observation that there are no change
circumstances, the application for suspension of sentence is rejected.
9. Considering the submissions advanced on behalf of the appellant -
accused in light of deposition of PW-5, PW-6 as well as paragraphs 24 and 25
of the impugned judgment and the period of custody of the present appellant -
accused, we deem it fit to suspend the remaining jail sentence of the appellant,
without expressing any opinion on merits of the case.
10. Accordingly, I.A.No.2332 of 2024 is allowed and it is directed that
subject to deposit of fine amount, if not already deposited, and on furnishing
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with
one solvent surety in the like amount to the satisfaction of learned trial Court,
the execution of remaining jail sentence of appellant - Sanjay Paviya S/o
Antar Singh Paviya shall remain suspended, till final disposal of this appeal.
11. The appellant after being enlarged on bail shall mark his presence before
the trial Court on 14.10.2024 and thereafter on all such subsequent dates, as
may be fixed in this behalf.
12. List the case for final hearing in due course.
Certified copy as per rules.
(S. A. DHARMADHIKARI) (GAJENDRA SINGH)
JUDGE JUDGE
rcp
