Madhya Pradesh High Court
Ratansingh vs State Of M.P. on 2 July, 2021
Author: Sujoy Paul
Bench: Sujoy Paul
1 HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE
CRA No.4751/2020
Ratan Singh S/o Kahriya Barela Vs. State of MP Indore: Dated:- 02/07/2021 Heard through Video Conferencing.
Shri Lokesh Bhatnagar, learned counsel for the appellant. Ms. Mamta Shandilya, learned Panel Lawyer for the State. Heard on IA No.2806/2021, which is Second application filed under Section 389 (1) of Cr.P.C., for suspension of sentence and grant of bail moved on behalf of the appellant - Ratan Singh S/o Kahriya Barela.
The conviction and sentence of the appellant - Ratan Singh is as under:
Section Act Imprisonment Fine Imprisonment in lieu of Fine 302 R/w 34 IPC Life imprisonment 1,000/- 1 year R.I. Learned counsel for the appellant submits that the deceased Ramesh was chased down by the appellant and co-accused persons, who are Police personnel. As per prosecution story, the present appellant has slapped the deceased. The gunshot injury was caused by the co-accused Dhirendra Singh. Learned counsel placed reliance on the statement of Smt. Pema W/o deceased, who categorically deposed that gunshot injury was caused by co-accused Dhirendra Singh;
whereas the appellant has assaulted the deceased only by a slap. He submits that there is no ingredient on the strength of which Section 34 of the IPC could have been invoked by the Court below. The Court 2 HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE CRA No.4751/2020 Ratan Singh S/o Kahriya Barela Vs. State of MP below on more than one occasion has mentioned that because of common intention the appellant with co-accused attacked the deceased and, therefore, with the aid of Section 34 of IPC the present appellant was also punished. However, there exists no iota of evidence to attract Section 34 of IPC. Final hearing of this appeal in near future is not possible during this pandemic era. Thus, Shri Lokesh Bhatnagar, learned counsel urged that considering the nature of involvement of appellant- Ratan Singh, he may be granted bail by suspending his remaining jail sentence.
The prayer is opposed by the learned Panel lawyer. We have heard the learned counsel for the parties and perused the record.
In view of the statement of Smt. Pema W/o deceased, it is clear that the appellant has just slapped the deceased; whereas the main injury which became the reason of death was caused by the main accused Dhirendra Singh. In view of nature of accusation, evidence available and the interaction or conversation between the parties during the incident also do not suggest that any previous common intention of accused persons was there or any such intention was instantaneously occurred, thus, without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant Ratan Singh.
3 HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE CRA No.4751/2020 Ratan Singh S/o Kahriya Barela Vs. State of MP Accordingly, IA No.2806/2021 is allowed. Execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant Ratan Singh be released on bail on his furnishing a personal bond for a 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 trial Court, Jhabua on 22.12.2021 and also on such other dates, as may be fixed by the trial Court, Jhabua, in this regard during the pendency of this appeal.
CC as per rules.
(SUJOY PAUL) (SHAILENDRA SHUKLA)
JUDGE JUDGE
ns
NEERAJ SARVATE
2021.07.02 14:58:41
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