Madhya Pradesh High Court
Kedarsingh Yadav vs The State Of Madhya Pradesh Thr. on 26 October, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 314 of 2015
(KEDARSINGH YADAV Vs THE STATE OF MADHYA PRADESH THR.)
Dated : 26-10-2023
Shri Ravi Dwivedi - Advocate for the appellant.
Shri A.K. Nirankari - Public Prosecutor for respondent/State.
Heard on IA No.15481 of 2023, tenth repeat application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of sole appellant - Kedarsingh Yadav.
Present appellant stands convicted under Section 449 of IPC and sentenced to undergo RI for ten years with fine of Rs.1,000/- and under Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- with default stipulations vide judgment of conviction and order of sentence dated 31st March 2015 passed by Fourth Additional Sessions Judge, Gwalior (M.P.) in Sessions Trial No.597/2013.
The present appellant so far has undergone jail sentence of 9 years and 2 days.
The prosecution story, as found proved, is that on 22.08.2013 at about 5.30 AM accused Bahadur Singh alongwith his son appellant Kedar, Rakesh, Guddu and Vishnu came to the house of Usha Singh (since deceased) and started abusing her being enraged on account of her demand of returning Rs.80,000/- kept by her with him as proceeds of land sold by her. He threatened of pouring kerosene oil upon her, due to which the deceased went into her bedroom being terrified. Thereafter appellant Bahadur poured kerosene oil upon the deceased and when she ran towards the courtyard, appellant Kedar alolngwith Rakesh and others caught hold of her while Bahadur Singh set 2 her ablaze. The incident was witnessed by her minor son Brajesh (P.W.3), Rinku (P.W.15), Ashu (P.W.16), who also tried to save her. She was referred to Kamlaraja Hospital Gwalior, where during treatment she succumbed to the burn injuries so caused. On the basis of such information, FIR was registered. Investigation was set in motion. During pendency of investigation and treatment, her dying declaration (Ex.P/15) was recorded. Upon completion of investigation including recording of statements, collection of evidence and necessary formalities, challan was filed before JMFC Gwalior, from where the case was committed to the Sessions Court. The Sessions Court on appreciation of evidence placed on record convicted and sentenced the present appellant.
Learned counsel for appellant while taking exception to the impugned judgment inter alia supported the instant application primarily on the ground of long jail incarceration as so far, the appellant has undergone actual jail sentence for 9 years and 2 days. That apart, it is submitted that the judgment suffers from surmises and conjectures. It is further submitted that the appeal being of 2015 is not likely to be decided in the near future. On these grounds, learned counsel submits that the present appellant may be extended the benefit of suspension of sentence and grant of bail.
Per contra, Shri Nirankari, learned Public Prosecutor, appearing on behalf of the respondent/State while supporting the judgment impugned submits that no exception can be taken in the matter of suspension of sentence and grant of bail, regard being had to the nature and the gravity of offence found proved against the present appellant.
Upon hearing learned counsel for the parties, though this Court is not inclined to extend the benefit of suspension of sentence and grant of bail to the present appellant on merits, however, regard being had to the only fact that 3 present appellant so far has undergone incarceration of 9 years and 02 days and the appeal which is of the year 2015 is not likely to be decided in the near future, we are of the view that present appellant is entitled to the benefit of suspension of sentence and grant of bail.
Accordingly, IA No.15481 of 2023 stands allowed and it is directed that the jail sentence of sole appellant Kedarsingh Yadav shall remain suspended during pendency of the present appeal and he shall be released on bail subject to verification of the factum of depositing the fine amount and on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the Trial Court.
Appellant Kedarsingh Yadav is directed to appear before the Registry of this Court first on 18.12.2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said IA stands allowed and disposed of. Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
SP
SANJEEV
KUMAR PHANSE
2023.10.27
12:08:27 +05'30'