Madhya Pradesh High Court
Sardar vs The State Of Madhya Pradesh on 3 October, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-5937-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5937 of 2023
(SARDAR AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 03-10-2024
Ms. Sharmila Sharma - Advocate for the appellants.
Shri K.K.Tiwari - Government Advocate for the respondent/State.
I.A.No. 13685/2024, application for urgent hearing stands disposed of.
Heard on I.A.No.13684/2024 which is the first application under
Section 389(1) of the Cr.P.C. filed on behalf of the appellant No. 3-Jarasya
for grant of bail and suspension of remaining jail sentence.
2. The appellant stands convicted vide judgment dated 29.03.2023
passed by the learned Second Additional Sessions Judge, Sendhwa, District
Badwani in Session Trial No. 81/2019 under Sections 302 read with 34 and
307 read with 34 of the Indian Penal Code and sentenced to undergo life
imprisonment and RI for seven years, respectively with fine of Rs. 1000/-
and 500/- and default stipulations.
3. As per the case of the prosecution, the incident took place when
the appellants and the complainants along with other villagers had gathered
at the Holi festivities. The allegation against the appellants are that they
assaulted Devendra and Muniram with knife. Complainant-Devendra
received grievous injuries whereas deceased-Muniram died due to fatal
injuries.
4. Learned counsel for the appellant submits that the incident took
place all of a sudden. He submits that the date of incident is 21.03.2019
2 CRA-5937-2023
whereas Dr. Mahendra Sharma (PW-11) in his testimony stated that the
deceased-Muniram died to heart failure on 30.11.2020. Dr. Sunil Patel (PW-
8) who examined the deceased found an injury of 1.5 x 1 x 1 cm caused by
sharp object, which was not the cause of death. Learned counsel further
stated that there is a cross case in which the complainant has been convicted
under Section 324 of the IPC. The main allegation against the present
appellant is that he caught hold of the deceased and whereas the allegation of
causing stab injury is against Sardar. Present appellant is in jail since last 5
years. This appeal is of the year 2023 and there is no likelihood of its early
hearing. Hence, it is prayed that the application may be allowed and the jail
sentence of the appellant be suspended.
5. Per contra, learned Government Advocate for the respondent/State
opposes the application for suspension of sentence and prays for its rejection.
6. Considering the fact that the incident took place all of a sudden and
it was a free fight, therefore the individual act of the appellant is liable to be
taken into consideration; coupled with the submissions made by learned
counsel for both the parties, testimonies of Dr. Mahendra Sharma (PW-11)
and Dr. Sunil Patel (PW-8) and the fact that final conclusion of this appeal
will take considerable time, we deem it appropriate to suspend the remaining
jail sentence of the appellant.
7. Accordingly, I.A.No.13684/2024 is allowed and the execution of
remaining jail sentence of the appellant is hereby suspended till the final
disposal of this appeal. It is directed that the appellant No. 3 - Jarasya s/o
Mahriya be released on bail subject to depositing the fine amount, if not
3 CRA-5937-2023
already deposited and upon furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the
like amount to the satisfaction of the trial Court, with a further direction to
appear before the Registry of this Court on 18.12.2024 and on such other
dates, as may be fixed by the Registry of this Court in this regard during the
pendency of this appeal.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
vidya
