Madhya Pradesh High Court

Madhav Singh Dangi vs The State Of Madhya Pradesh on 26 May, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

                                                              1                                CRA-4575-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 4575 of 2025
                                     (MADHAV SINGH DANGI AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 26-05-2025
                                 Shri Priyank Choubey - Advocate for the appellants.
                                 Shri A.S. Baghel - Public Prosecutor for the respondent / State.

The appeal appears to be arguable, hence admitted for final hearing. Heard on I.A.No.10813 of 2025 which is an application under Section 389(1) of the Code of Criminal Procedure on behalf of appellant No.1

Madhav Singh Dangi and appellant No.2 Revtibai Dangi for suspension of sentence and grant of bail.

The appellants assail the impugned judgment dated 29.04.2025 passed by IInd Additional Sessions Judge, Rehli, District Sagar in S.T.No.52 of 2022 whereby appellants has been convicted under Sections 323/34 (two counts) and 326/34 of the Indian Panel Code and sentenced to R.I. for 7 days with fine of Rs.500/- and R.I. for 5 years with fine of Rs.500/- respectively with default stipulation.

It is pointed out that the appellants were on anticipatory bail during

trial and have not misused the liberty granted to them and they are under custody since the date of judgment. There are material contradictions and omissions in the statements of the prosecution witnesses. In pre MLC, the injuries were found to be simple in nature. Even the city scan report of the brain which is Ex.D/3 and which has not been produced by the prosecution, does not reflect any severe injuries. Final hearing of this appeal is not

2 CRA-4575-2025 possible in near future. Appellants are ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for suspension of sentence.

Per contra, learned counsel for the State has vehemently opposed the application for suspension of sentence and grant of bail pointing out the fact that the appellants are in jail since 29.04.2025. The injuries are medically corroborated. The injuries were caused by means of a sharp cutting object on the head of Sakun Bai and other accused persons have assaulted by means of lathies. The document Ex.D/3 is proved by PW/9 Dr. Basant Nema which shows Intraparenchyrnal hemorrhagic contusion with perifocal edema seen in left temporal lobe; minimal ubarachnoid memorrhage seen along with superficial suici gyri and interhemispheric spaces and hemorrhagic

contusional changes seen along falx cerebri and tentorium cerebelli. There are recovery of weapons from the possession of the present appellants. Therefore, he has prayed for rejection of the application.

Considering the overall facts and circumstances of the case as well as the active participation of the present appellant No.1 Madhav Singh Dandi in commission of offence, this Court does not deem it appropriate to enlarge him on bail. Accordingly the application so far as it relates to appellant No.1 Madhav Singh Dandi is concerned, the same is hereby rejected.

However, considering the fact that the appellant No.2 Revtibai Dangi is a lady aged about 40 years and the fact that she has been enlarged on anticipatory bail by the trial court and as there is no likelihood of early disposal of the appeal in near future and the fact that conviction is of five

3 CRA-4575-2025 years, this court is inclined to grant bail to appellant No.2 Revtibai Dangi by way of suspension of sentence.

Accordingly, I.A.No.10813 of 2025 is allowed so far it relates to appellant No.2 Revtibai Dangi and it is directed that the remaining jail sentence of the appellant No.2 Revtibai Dangi shall remain under suspension subject to the verification of the fact that the amount of fine has been deposited. The appellant No.2 be released on bail 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 the trial Court concerned for her appearance before the trial Court/concerned Court on 10.11.2025 and thereafter on such other subsequent dates as may be fixed by the Trial Court.

List for final hearing in due course.

Certified copy as per rules.

(VISHAL MISHRA) V. JUDGE