Thakurdas vs The State Of Madhya Pradesh
2025 Latest Caselaw 3307 MP

Madhya Pradesh High Court

Thakurdas vs The State Of Madhya Pradesh on 24 January, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                              1                              CRA-989-2023

                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 989 of 2023
                                               (THAKURDAS Vs THE STATE OF MADHYA PRADESH )



                          Dated : 24-01-2025
                                  Shri D.S. Raghuvanshi - Advocate for the appellant.
                                  Shri D.S. Kushwaha - Additional Advocate General for the
                          respondents/State.

Heard on I.A.No.1215/2023, an application under Section 5 of

Limitation Act seeking condonation of delay in filing the present appeal.

On due consideration and the reasons contained in the application, the application is allowed.

Delay in filing the present appeal is hereby condoned. Heard on I.A. No.712/2025 under Section 389 (1) of Cr.P.C. filed on behalf of sole appellant-Thakurdas for suspension of sentence and grant of bail.

Appellant stands convicted for the offence punishable under Section 302/34 of IPC and sentenced to undergo L.I. with fine of Rs.5000/- with

default stipulations vide judgment of conviction and order of sentence dated 30.10.2021 passed by Fourth Additional Sessions Judge, District Gwalior in ST.No.110/2017.

It is the submission of learned counsel for the appellant that the trial Court erred in convicting the appellant and awarding jail sentence to him. It is further submitted that deceased Kallan Khan succumbed to the alleged

2 CRA-989-2023 injuries after 21 days of the incident. Therefore, it is not a close proximate result of the incident. Even otherwise, eye-witnesses Ashok (PW-1) and Ramu (PW-2) did not support the story of prosecution and declared hostile. However, police after death of deceased-Kallan Khan (after 21 days) fabricated two alleged eye-witnesses Raju Khan (PW-5) and Iqbal Khan (PW-16) so as to make case against the appellant. They were not present over the place of incident as per FIR and statement recorded under Section 161 of Cr.P.C. of other witnesses. Even otherwise, appellant did not have any intention to murder the Kallan Khan. At best, it was an incident (even if it is believed to be true) out of heat of passion and sudden provocation. Therefore, case may fall under Section 304 of IPC. Final hearing of the appeal shall take considerable long time. Case of present appellant is on

similar footing with that of co-accused Lovekush who has already been granted bail by this Court in Cr.A. No. 999/2022 vide order dated 10.01.2025. Appellant has a good case on merits. He undertakes to abide by all terms and conditions as imposed by this Court. Thus, he prays for suspension of sentence and grant of bail.

Learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the application and supported the impugned judgment.

Considering the submission advanced and in the facts and circumstances of the case, this Court intends to grant the benefit of suspension of remaining jail sentence to the appellant. Accordingly, the application stands allowed. It is ordered that appellant shall be released on

3 CRA-989-2023 bail upon his 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 subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 12.03.2025 and also on such other dates, as may be fixed by the Registry of this Court in this regard during pendency of this appeal.

I.A. No.712/2025 stands disposed of.

Certified copy as per rules.

                                (ANAND PATHAK)                                      (HIRDESH)
                                    JUDGE                                             JUDGE
                          ar