Jayveer Singh Tomar vs The State Of Madhya Pradesh
2024 Latest Caselaw 15712 MP

Madhya Pradesh High Court

Jayveer Singh Tomar vs The State Of Madhya Pradesh on 27 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRA No. 7387 of 2023
                                         (JAYVEER SINGH TOMAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 27-05-2024
                                Shri Arun Kumar Pateriya, learned counsel for the appellant.

                                Shri   Ravindra    Singh    Kushwaha      -   Govt.   Advocate   for   the
                          respondent/State.

1. Heard o n I.A. No. 10567 of 2023, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of sole appellant Jaiveer Singh Tomar.

2. Appellant has been convicted for the offence punishable under section 302/34 of the IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/-, with default stipulations vide impugned judgment of conviction and order of sentence dated 19-05-2023 passed by Third Additional Sessions Judge, Jaura, District Morena in Sessions Trial No.71 of 2016.

3. As per prosecution story on 26.09.2015 complainant Chunna Singh (PW/3) lodged dehatinalishi that at 7:15 in the evening he was on a Pulsar motor cycle with Boby Sharma. Boby was driving the vehicle and his nephew Dabbu was sitting on a rear seat. They were coming to gram Khitora and

when they reached near Talpura Baba, Sooraj along with two friends apprehended them. Two persons caught hold Boby i.e. the present appellant and one Dilip (now dead) and Sooraj took out a revolver and fired a gun shot on the back of Boby. Immediately Boby was taken to the hospital where he was declared dead.

4. Learned counsel for the appellant submits that Sooraj has fired a gun shot who is facing the trial in a Juvenile Court. This appellant and deceased

Dilip have not been named in the FIR. They have been convicted on the basis of statements of father (PW/5) and brother (PW/7) of deceased, whose presence is doubtful. Another witness Chunna Singh (PW/3) was present on the spot. According to his deposition in the Court, this appellant and another accused Dilip (now dead) caught hold him and not the deceased Boby and he was not declared hostile by the prosecution whereas father (PW/5) and brother (PW/7) of deceased Boby have deposed that this appellant and another accused Dilip caught hold deceased Boby and then Sooraj fired a gun shot. These contradictions have been overlooked by the Trial Court while convicting the present appellant. He further submits that this appeal is of 2023 and there is

no likelihood of early hearing of this appeal in near future. On such premises, he prays for suspension of jail sentence and grant of bail.

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. 10567/2023 is allowed and the execution of remaining jail sentence of the appellant is hereby suspended till 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 the appellant 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 for final hearing in due course.

I.A. No. 8855 of 2024 an application for early hearing also stands disposed of.

C.C. as per rules.

                               (VIVEK RUSIA)                                   (RAJENDRA KUMAR VANI)
                                   JUDGE                                               JUDGE

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