Madhya Pradesh High Court
Daulat 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. 4429 of 2018
(DAULAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 21-05-2024
Shri Arun Kumar Pateriya, learned counsel for the appellant No.1.
Shri Ashok Jain, learned counsel for the appellant No.2.
Shri Ravindra Singh Kushwaha, Additional Advocate General for the
respondent/State.
1. Heard on I.A. No.10127/2024, which is second application under
Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved
on behalf of appellant No.1 Daulat and I.A. No. 4526/2024, which is third
application under Section 389 (1) Cr.P.C. for suspension of sentence and grant
of bail moved on behalf of appellant No.2 Neeraj Neeru.
2 . Appellants have 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/- respectively 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 appellants.
7. Accordingly, I.A. No. 10127/2024 a n d I. A. No.4526/2024 are
allowed and the execution of remaining jail sentence of appellant No.1 Daulat
and appellant No.2 Neeraj Neeru are hereby suspended till the final disposal
of this appeal and it is ordered that the appellants be released on bail on their
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) each 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.
C.C. as per rules.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
Ahmad
