Madhya Pradesh High Court
Amar Singh Gujar vs The State Of Madhya Pradesh on 9 July, 2019
CRA No.1658/19 1
HIGH COURT OF MADHYA PRADESH
CRA.No.1658/2019
Amar Singh Gujar Vs. State of Madhya Pradesh
Indore: Dated:- 09.07.2019
Shri R.R. Bhatnagar, learned counsel for the
appellant.
Shri L.S. Chandiramani, learned Govt. Advocate
for the respondent State.
Per: Virender Singh J.
I.A. No.5380/2019 is taken up.
1. This is first application under Section 389 of Cr.P.C for suspension of custodial sentence preferred by the appellant-- Amar Singh .
2. In short, the prosecution case is that on 8.4.2013 a group of persons namely Vikram singh, Kamal Singh, Jourawar Singh, Manohar Singh, Ramsingh, Bhagwan Singh, Hari Singh, Samarth Singh, Lal Singh, Ishwar Singh, Devji,Amar Singh, Shankar Singh, Pani Bai, Shyamu Bai, Manohar Singh S/o Fateh Singh and Radhu Singh assaulted on the house of complainant Kamal Singh. The persons were armed with swords and sticks. They beat Nandu, Kamal Singh and Sajjanbai, caused them injuries and also threatened them.
3. FIR No.28/2013 was registered under Sections 147, 294, 323, 506 of IPC. Next day Uncle Jeevan Singh sent a written complaint to the Superintendent of Police, District Ratlam alleging CRA No.1658/19 2 that about 15 persons assaulted on the house of Kamal Singh. They beat Nandu, Kamal Singh and Sajjanbai, abducted 17 years old niece of Kamal Singh and took her to some unknown place but the Police did not deduced the report as narrated by Kamal Singh instead the police only registered the report as the case of simple injuries. He also requested the Superintendent of Police to recover the prosecutrix.
4. After about seven days, the prosecutrix appeared before the police and in her Court statement she made allegation that on the date of incident Vikram Singh, Jourawar Singh and Ram Singh abducted her, took her to some unknown place and detained her, raped her and snatched the ornaments she was donning at that time.
5. Eyewitness/injured Nandu (P.W.1) has turned hostile and has not supported the case of the prosecution. Prosecutrix (P.W.2) has levelled allegation only against Vikram Singh, Lal Singh and Jourawar Singh; another injured Kamal Singh (P.W.3) has not named Samrath and Amar Singh as the person assaulted them. The appellant is not named by prosecutrix (P.W.2) and his uncle Kamal Singh (P.W.3) in their Court statement.
6. Having regard to the omnibus statement of the prosecutrix PW-2, her uncles Kamal Singh (P.W.3) CRA No.1658/19 3 and Jeevan Singh (P.W.4) and other evidence available on record, the act attributed to the present appellant and other facts and circumstances of the case, we find it appropriate to allow the present application, therefore, without commenting on the merits of the case, the application (IA No.5380/2019) for suspension of sentence is allowed. It is directed that on deposition of fine amount and also on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial Court for his appearance before this Court/Registry on 11.08.2020 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed on the appellant Amar Singh Gurjar shall remain suspended, till final disposal of this appeal.
This is an admitted appeal.
List for final hearing in due course.
(S. C. Sharma) (Virender Singh)
Judge Judge
soumya Digitally signed by Soumya
Soumya Ranjan Dalai
DN: c=IN, o=High Court of
Madhya Pradesh Bench
Indore, postalCode=452001,
Ranjan st=Madhya Pradesh,
2.5.4.20=f4d2118683e84322b
b5797cf28ee60671538b737cf
Dalai
52962d84d7b527897e53ac,
cn=Soumya Ranjan Dalai
Date: 2019.07.10 15:34:00
+05'30'