Madhya Pradesh High Court
Bare Lal vs The State Of Madhya Pradesh on 3 September, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-2256-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 2256 of 2018
(BARE LAL AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 03-09-2024
Shri Atul Gupta-Learned counsel for appellants.
Shri Deependra Singh Kushwah- Learned counsel for respondent/State.
Heard on I.A. No.18960/2024, an application under Section 394 of Cr.P.C. for abatement of appeal in respect of appellant No.1- Bare Lal on account of his death.
It is the submission of learned counsel for the appellant that appellant No.1- Bare Lal passed away on 04.12.2023. The death certificate of Gram Panchayat is filed along with the application.
Let a verification report be obtained regarding this fact from the concerned authorities.
Also heard on I.A. No. 18574/2024 , seventh repeat application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.3- Omveer Mahore.
This criminal appeal assails the judgment dated 27.02.2018 passed by Fourth Additional Sessions Judge, Morena, District Morena (M.P.) in S.T.No.247/2012, whereby appellant No.3-Omveer Mahore has been convicted under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/-, under Section 325/34 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.1000/- and under Section 323/34 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.200/- with default stipulations.
It is the submission of learned counsel for the appellant that the trial Court erred in convicting and awarding the jail sentence to present appellant. It is further Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 04-Sep-24 10:25:40 AM 2 CRA-2256-2018 submitted that dispute erupted because of some admonition extended to the children of complainant side regarding alleged mischief committed by them for procuring jack fruits from the premises of appellant. Thereafter, both the parties met at Dhaba, where sudden altercation precipitated, the course of events in such a manner, whereby Rakesh, who was wielding katta tried to fire over present appellant. In relation thereof, under right to private defence, appellant opened fire from the same katta over deceased Lokendra. It was a case of single gunshot injury. Even if, a right to private defence is exceeded then even case would fall under first exception to Section 304 of IPC and it would not be a case of murder per se under Section 302 of IPC. Learned counsel for the appellant relied upon judgment of Apex Court in this regard in the case of Jangir Singh Vs. State of Punjab reported in (2019) 13 SCC 813 . Appellant has already suffered seven years and ten months of incarceration including pre and post-trial conviction. Appellant has good case on merits and hearing of appeal would take some time. That apart, he undertakes to abide by the terms and conditions as imposed by this Court. He further undertakes not to be a source of embarrassment and harassment to the complainant side in any manner. On the aforesaid submissions, he prays for suspension of sentence and grant of bail to present appellant.
Learned counsel for the State opposed the application and prayed for its dismissal with submission that looking to the nature and gravity of offence, no case for grant of benefit of suspension of sentence to present appellant is made out.
Considering the submissions as advanced, nature of allegations against the present appellant and the period of custody, it appears that the present appellant also deserves to be enlarged on bail by granting benefit of suspension of sentence. Hence, without commenting on the merits of the case, applications Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 04-Sep-24 10:25:40 AM 3 CRA-2256-2018 (I.A.No.18574/2024) is allowed subject to deposit of fine amount, if not already deposited and it is ordered that on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court, jail sentence of appellant No.3- Omveer Mahore shall remain suspended till disposal of this appeal and he be released on bail. He is further directed to remain present before the Registry of this Court on 18.12.2024 and, thereafter, on such subsequent dates as may be fixed by the Registry.
Appellants No.3 shall not move in the vicinity of complainant party and shall not be source of embarrassment and harassment to the complainant party in any manner.
Copy of this order be sent to the trial Court concerned for compliance for the office of this Court.
Certified copy as per rules.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
*AVI*
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 04-Sep-24
10:25:40 AM