Madhya Pradesh High Court
Sagar Singh vs The State Of Madhya Pradesh on 31 May, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1206 of 2022
(SAGAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 31-05-2024
Shri Raj Kumar Singh Kushwaha and Shri Anand Gupta, Advocates
for appellants.
Shri Rajesh Shukla, Public Prosecutor for State.
Heard on I.A. No. 10691/2024 and I.A. No.10343/202, which are first
applications under Section 389 (1) of Cr.P.C. filed on behalf of appellant No.3-
Sadan Singh and No.1- Sagar Singh respectively for suspension of sentence
and grant of bail.
T h e present appellants stands convicted for the offences punishable
under Section 148 of IPC and sentenced to undergo RI for 1 year with fine of
Rs.200/-; under section 302/149 of the IPC to undergo life imprisonment with
fine of Rs.10,000/-; under section 325/149 to undergo RI for 2 years with fine
of Rs.2000/-; under section 323/149 (on six counts) to undergo RI for 6
months with fine of Rs.500/- on each count; with corresponding default
stipulations vide impugned judgment dated 30/12/2021 passed by Third
Additional Sessions Judge, Guna in S.T. No.400238/2014.
As per prosecution story, there was a free fight between a group of 7-7
persons. They caused injuries to each other resulting into registration of two
FIRs at Crime Nos. 108/2014 and 110/2014 at Police Station Myana, District
Guna. The dispute arose because on 20/5/2014 buffaloes of Kaptan Singh,
Sumer Singh and Bharat Singh had entered into the field of one Raju. On
21/5/2014, accused persons came armed with Lathi and Luhangi and started
abusing the complainant party. A free fight started between them. Anand
sustained fatal injury on his head and died, while others sustained minor injuries.
Learned counsel for the appellants submits that the present appellants
have been convicted under section 302 with the aid of S.149 of the IPC. In a
case of free fight when both the parties sustain injuries, S.149, IPC loses its
effect and individual role is liable to be seen. So far as conviction in other
offences is concerned, the present appellants have already undergone the
custodial sentences. The main allegation of causing injury on the head of the
deceased is against Kaptan Singh and Sughar Singh, due to which Anand died.
It is also submitted that benefit of suspension of sentence has already been
granted to appellant No.2 Sumer Singh and the case of present appellants is
similar in nature. On such premise, prayer for suspension of custodial sentence
is made.
Learned Deputy Advocate General opposes the prayer and prays for its
rejection.
Considering the overall facts and circumstances of the case we deem it
proper to suspend the remaining custodial sentence of the appellant no.3-Sadan
Singh and appellant no.1- Sagar Singh. Accordingly, execution of remaining jail
sentence of the appellant no.3- Sadan Singh and appellant no.1-Sagar
Singh is hereby suspended and it is ordered that both the appellants be released
on bail upon their furnishing a personal bond in the sum of Rs.1,00,000/-
(Rupees One Lac Only) each with one solvent surety each of the like amount
to the satisfaction of the trial Court and subject to depositing the fine amount (if
not already deposited) with a further direction to appear before the Registry of
this Court on 30.08.2024 and also on such other dates, as may be fixed by the
Registry of this Court in this regard during the pendency of this appeal.
The I.As., accordingly, stand allowed.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
Rohit
