Surjeet vs The State Of Madhya Pradesh
2024 Latest Caselaw 15220 MP

Madhya Pradesh High Court

Surjeet vs The State Of Madhya Pradesh on 21 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 4483 of 2018
                                               (SURJEET Vs THE STATE OF MADHYA PRADESH)

                          Dated : 21-05-2024
                                Shri Ashok Jain, learned counsel for the appellant.

                                Shri Ravindra Singh Kushwaha, Additional Advocate General for the
                          respondent/State.

1. Heard on I.A. No. 601/2024, which is third application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant - Surjeet.

2. Appellant has been convicted for the offence punishable under section 302/149 of the IPC and sentenced to undergo life imprisonment with fine of Rs.2,000/-, under Section 148 of IPC and sentenced to undergo R.I. for six months, under Section 323/149 of I.P.C. and sentenced to undergo R.I. for three months and Section 325/149 of the I.P.C. and sentenced to undergo R.I. for one year with fine of Rs.1000/- with default stipulations vide impugned judgment of conviction and order of sentence dated 04-04-2018 passed by Third Additional Sessions Judge, Shivpuri, District Shivpuri in Sessions Trial No.261 of 2010.

3. The prosecution story in short is that all the appellants with common intention assaulted Kashiram, Ashok, Jagdish and others. As per medical report, Ashok and Jagdish suffered fractures. They have been convicted under Sections 323 and 325 of the I.P.C. for which they have undergone the jail sentence. Kashiram sustained more fractures and during treatment, he died and all the accused persons have been convicted under Sections 302 with the aid of Section 149 of the I.P.C.

4. Learned counsel for the appellant submits that as there are large number of accused persons, no overt act has been attributable to any particular accused person in entire evidence. All accused persons have assaulted by means of lathi, lohangi and axe on non-vital part of the injured and deceased; however, there is no such injury by means of lohangi and axe. All the injuries were caused by lathi on non-vital part which caused fractures and due to which Kashiram died. Though, they have criminal history but there was no intention of the appellants to kill deceased. If they would have intended to kill the deceased, they would have caused injury on vital part of the body with sharp edged weapons. They are in jail for the last six years and this appeal is not likely

to be decided in near future. Hence, on such grounds, prayer for suspension of sentence and grant of bail to the appellants is made.

5. Learned Govt. Advocate opposes the applications for suspension of sentence and prays for its rejection.

6 . Considering the over all facts and circumstances of the case but without commenting on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

7. Accordingly, I.A. No. 601/2024 is allowed and the execution of remaining jail sentence of appellant - Surjeet is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 26.09.2024 and on such other dates, as may be fixed by the Registry of this Court in this regard

during the pendency of this appeal.

List the matter along with Cr.A. Nos.4429/2018, 3597/2018 for final hearing in due course.

C.C. as per rules.

                            (VIVEK RUSIA)                                (RAJENDRA KUMAR VANI)
                                JUDGE                                            JUDGE

                          Ahmad