Madhya Pradesh High Court
Jangbahadur @ Kuchchi Raja vs The State Of Madhya Pradesh on 4 September, 2020
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 CRA-2983-2019
The High Court Of Madhya Pradesh
CRA-2983-2019
(JANGBAHADUR @ KUCHCHI RAJA Vs THE STATE OF MADHYA PRADESH)
15
Jabalpur, Dated : 04-09-2020
Heard through Video Conferencing.
Shri D.S. Baghel, Advocate for the appellant.
Shri Amit Bhurrak, Panel Lawyer for the respondent-State.
Record of the court below is available on record.
Appeal is already admitted for hearing on 25.2.2020.
Heard on I.A.No.5429/2020, which is an application filed by the accused/appellant-Jang Bahadur @ Kuchchi Raja, under section 389 (1) of Cr.P.C. for suspension of his jail sentence awarded by the Court of I Addl. Sessions Judge, Chhatarpur (MP), in S.T. No.297/2012 vide its judgment dated 15.3.2019 convicting the appellant/accused under sections 307 of the IPC and sentenced him to undergo RI for 5 years with fine of Rs.5,000/-, Section 323/34 of the IPC and sentenced him to undergo RI for 1 year with fine of Rs.1,000/-, Section 25(1-B)A of Arms Act and sentenced him to undergo RI for 2 years with fine of Rs.2,000/- & Section 27 of Arms Act and sentenced him to undergo RI for 3 years with fine of Rs.2,000/- with default stipulation on each count, as mentioned in the impugned judgment.
As per prosecution case, 3.4.2012, accused/appellant inflicted injury to complainant Gaya Prasad (PW/1) by 315 bore gun. Gaya Prasad (PW/1) received gun shot injury on his right elbow. Other co-accused inflicted injury by stick.
Learned counsel for the appellant/accused submits that accused/ appellant has been falsely implicated. It is alleged by the prosecution that accused/appellant fired from gun once. He did not repeat assault, so there is no intention to commit death of Gaya Prasad (PW/1). The evidence of Gaya Prasad (PW/1) is not wholly reliable. Other witnesses did not support the Signature Not case of prosecution. No grievous injury is found on the body of Gaya SAN Verified Digitally signed by ASHWANI PRAJAPATI Date: 2020.09.04 16:39:22 IST 2 CRA-2983-2019 Prasad (PW/1). Execution of jail sentence of other co-accused Rajjan Raja @ Rajendra Singh has already been suspended by order dated 24.1.2018 passed in Cr.A.No.5089/2017. Accused/appellant remained in jail during trial for 11 months 11 days and he is in jail since 15.3.2019, so he has served almost half sentence. Accused/appellant is not previously convicted. This appeal is of year 2019 due to COVID-19 final disposal of this appeal will take long time. There are material contradictions and omissions in the statement of the witnesses. There is fair chance to succeed in the appeal. There is no likelihood of their absconding and tampering with the evidence. Under the circumstances, if the execution sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail of accused/appellant.
Learned Panel Lawyer has opposed the application and prayed for its rejection.
Having considered the arguments advanced by learned counsel for the parties, evidence and on perusal of the record and the fact that accused/appellant did not repeat assault. Gaya Prasad (PW/1) received gun shot injury on his right elbow, no grievous injury is found on his body, accused/appellant, accused/appellant remained in jail during trial for 11 months 11 days and he is in jail since 15.3.2019, so he has served almost half sentence, this appeal is of year 2019, final hearing of this appeal will take time due to Covid-19, co-accused Rajjan Raja @ Rajendra Singh has already been suspended by order dated 24.1.2018 passed in Cr.A.No.5089/2017, but without commenting anything on the merit of the case, the said I.A. is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant-Jang Bahadur @ Kuchchi Raja shall remain suspended during the pendency of this appeal and he 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 in the amount of Rs. 50,000/- to the satisfaction of the trial Court for his Signature SAN Not Verified Digitally signed by ASHWANI PRAJAPATI Date: 2020.09.04 16:39:22 IST 3 CRA-2983-2019 appearance before the trial court on 20.10.2020 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.
I n case, the appellant is found absent on any date fixed by the trial court then the said court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.
I n view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.
2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
List this matter for final hearing in due course, as per listing policy. C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE A.Praj.
Signature SAN Not Verified Digitally signed by ASHWANI PRAJAPATI Date: 2020.09.04 16:39:22 IST