Madhya Pradesh High Court
Kamal Singh Ahirwar vs The State Of Madhya Pradesh on 4 October, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-10914-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10914 of 2023
(KAMAL SINGH AHIRWAR Vs THE STATE OF MADHYA PRADESH )
Dated : 04-10-2024
Shri Narendra Nikhare - Advocate for the appellant.
Shri Manas Mani Verma - Government Advocate for the
respondent/State.
Heard on I.A. No.6568/2024, an application under Section 389(1) of
the Cr.P.C. for suspension of sentence and grant of bail to appellant-Kamal
Singh Ahirwar.
The appellant is aggrieved of the judgment dated 11.08.2023 passed by
learned Additional Sessions Judge, Bareli, District-Raisen (M.P.) in S.T.
No.02/2019, whereby the appellant has been convicted for offence
punishable under Section 302/34 of IPC and sentenced to undergo R.I. for
life with the fine of Rs.10,000/- and Section 323 of IPC and sentenced to
undergo R.I. for one month with the fine of Rs.1,000/- with default
stipulations.
It is submitted by learned counsel for the appellant that as per FIR
(Ex.P-3), allegation is that dispute had occurred between Santosh and
Babulal inasmuch as Santosh had erected heap of 'Tuar' (Lentil) on the
barbed wire fencing of Babulal. When Babulal asked him to remove that
heap of 'Tuar' then Santosh had abused Babulal and had hit Babulal with a
'Lahkari' (Shri Narendra Nikhare submits that Lahkari is a 'Danda'). Santosh
had hit Babulal on his head as a result of which he started bleeding. In the
2 CRA-10914-2023
meanwhile, sister of the complainant namely Mohini came in between when
Kamal had hit on her left hand with a 'Lathi' as a result of which she also
sustained grievous injuries.
It is submitted that deceased is Babulal. He died four days after the
incident. It is submitted that Babulal was injured by Santosh who was tried
as a juvenile. It is submitted that allegation on Kamal is of causing injury to
the hand of Mohini and that injury was found to be simple by concerned
Doctor. Ex.P-11 is the X-Ray report in which it is mentioned that she had not
sustained any bony injury on her forearm. Thus, it is evident that injuries
sustained by Mohini were simple injuries and, therefore, conviction of the
appellant under Section 302 of IPC will not be made out. It is further
submitted that appeal is going to take considerable time for its disposal and
there are good chances of success in this appeal. Hence, prayer is made to
suspend the remaining jail sentence of the appellant and to release him on
bail.
Shri Manas Mani Verma, learned Government Advocate for the State
referring to the evidence of PW-2 and PW-3 submits that they are eye-
witnesses and they have categorically deposed that present appellant had hit
Babulal with a 'Fawda'. However, this fact is not narrated in the FIR nor
there is any allegation of appellant-Kamal Singh Ahirwar wielding a Fawda.
After hearing learned counsel for the parties and going through the
record, without commenting on the merits of the case, we are of the
considered opinion that this is a fit case to suspend the remaining jail
sentence of the appellant and to release him on bail.
3 CRA-10914-2023
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand Only) with two solvent sureties of the like amount
to the satisfaction of the Trial Court for his appearance before the Trial Court
on 20.12.2024 and such other dates as may be fixed by the Trial Court, the
execution of remaining part of the jail sentence imposed upon appellant shall
remain suspended and he shall be released on bail till final disposal of this
appeal.
I.A. No.6568/2024 is allowed and disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
HK
