Madhya Pradesh High Court
Bhagwandeen Dahiya vs The State Of Madhya Pradesh on 17 February, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-3464-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3464 of 2022
(BHAGWANDEEN DAHIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 17-02-2025
Shri Udaynand Pandey - Advocate for appellants.
Shri A.N. Gupta - Government Advocate for the State.
Heard on I.A. No.32437/2024, third application under Section
389(1) of Cr.P.C for suspension of sentence and grant of bail filed on
behalf of the appellant No.4 Devideen Dahiya.
2. This Criminal Appeal assails the judgment dated 30.03.2022 passed
by Special Judge SC/ST (Prevention of Atrocities, Act), Satna District
Satna in S.C. A.T.R. No.01/2020, whereby the appellant No.4 has been
convicted for the offences punishable under Sections 302 r/w section 34
and 323 r/w section 34 of the IPC and sentenced to undergo R.I. for life
imprisonment and R.I. for one year with fine of Rs.5000/- and Rs.1,000/-
respectively in default to suffer additional R.I. for one month and R.I.
for one month respectively.
3 . The prosecution story found to be proved beyond reasonable
doubt is that on 27.10.2019 the deceased had gone to Ankur Ahirwar's
house for dinner with his brother Deepu Ahirwar. After the dinner, they
left the home of Ankur Ahirwar's house and as soon as they reached near
Mahadev Dahiya's house, at around 09:30 Kallu @ Ravi Ahirwar came
there and started urinating. Co-accused Bhagwan Deen objected for
Signature Not Verified
Signed by: PANKAJ NAGLE
Signing time: 18-02-2025
11:44:48
2 CRA-3464-2022
urinating in front of his house. Thereafter, altercation took place and all
accused persons started beating the deceased with Lathi.
4. Learned counsel for appellants submits that the appellant No.4 has
been falsely implicated in the present case. Sentence of other co-accused
persons i.e. appellant No.1 Bhagwandeen Dahiya, appellant No.2 Vinod
Dahiya and appellant No.5 Ramniwas Dahiya have been suspended by
this Court. The allegations levelled against all co-accused persons is
similar that of assaulting the deceased by means of Lathi. No recovery
has been effected from the appellant No.4. The appeal is of the year 2022
and there is no likelihood of early hearing of this appeal, therefore the
jail sentence of the appellant may be suspended and he be released on
bail.
5. Per contra, learned counsel for the respondent/State has vehemently
opposed the application for suspension of sentence and submitted that
looking to the nature of allegations and gravity of offence, the
application is liable to be rejected.
6 . Considering the facts and circumstances of the case and the facts
that other co-accused persons are on bail and their sentence is suspended,
this Court deems it appropriate to suspend the jail sentence of the
appellant No.4 and release him on bail. Accordingly, without
commenting on the merits of the case, I.A. No.32437/2024 is allowed. It
is directed that substantive jail sentence of appellant No.4 Devideen
Dahiya shall remain suspended subject to his depositing the fine amount
3 CRA-3464-2022
(if not already deposited) and on furnishing a personal bond in the sum
of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in
the like amount to the satisfaction of concerned trial Court for his
appearance before the trial Court on 25.04.2025 and on all other
subsequent dates as may be fixed by the Court concerned.
7. List the appeal for final hearing in due course.
(SUSHRUT ARVIND DHARMADHIKARI) (ASHISH SHROTI)
JUDGE JUDGE
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