Madhya Pradesh High Court
Dabbu Singh vs The State Of Madhya Pradesh on 28 August, 2017
Cr. A.No.1006/2017
(Dabbu & Ors. Vs. State of MP)
28.08.2017
Shri Atul Gupta, learned counsel for the appellants.
Shri B.P.S. Chauhan, learned Public Prosecutor for the
respondent/State.
Heard on admission.
Having perused the impugned judgment, the record of trial Court and the petition of appeal, I find this appeal is arguable. Hence, it is admitted for final hearing.
Learned Public Prosecutor has taken notice of admission of this appeal on behalf of the respondent/State. Therefore, no notice is required to be sent to it.
Heard on IA No.6115/2017, which is the first application under Section 389(1) of the Cr.P.C. moved on behalf of all the four appellants.
Vide the impugned judgment dated 28/07/2017 passed by the First Additional Sessions Judge, Bhind in Sessions trial No.230/2011, the appellants stand convicted under Sections 148 and 307 read with 149 of the IPC and sentenced thereunder to suffer on the former count RI for three years with a fine of Rs.3,000/- (Three Thousand) and the latter count RI for seven years with a fine of Rs.10,000/- (Ten Thousand) with default jail sentence "each". However, the substantive jail sentences in the aforesaid Sections are directed to run concurrently.
Learned counsel for the appellants submits that the appellants remained in custody for a short period and thereafter they were on bail during the trial of the case. However, they have been undergoing the jail sentence since 28/07/2017 the date of impugned judgment. After referring to Cr. A.No.1006/2017 (Dabbu & Ors. Vs. State of MP) the FIR and the depositions of eye witnesses, he submits that it has come in the evidence of the eye witnesses that the appellants were having country made fire arms and upon their firing no-one injured in the incident. He submits that the police registered a cross case against the complainant party of the present case for causing gun-shot injuries to Smt. Reena, Chimman Singh and Arvind Singh. The cross case is registered as Sessions case No.11/2010. The aforesaid Court convicted in that Session case three accused persons under Section 148 and 307 read with 149 of the IPC. He submits that the complainant party and the accused party were having 40 years old enmity and after the judgments in both the cases they have buried their enmity. He submits that the appellants are the members of a close family. Upon these submissions he prays to allow the IA.
Learned Public Prosecutor has opposed the prayer. At this stage, it is pertinent to mention that the accused persons of the cross case have also filed the appeal before this High Court bearing no.1035/2017. In that appeal they have filed application under Section 389(1) of the Cr.P.C. which is also listed before this Court, today. In this appeal Shri Rajesh Shukla, learned counsel is appearing on behalf of the accused-appellants. He has confirmed the statement of learned counsel for the appellants on the point that both the parties have buried their old age enmity at the time of Rakhi festival of this year.
Taking into consideration the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel and having considered the evidence available Cr. A.No.1006/2017 (Dabbu & Ors. Vs. State of MP) against the appellants, but without commenting on the merits of the case, I am of the view that a case is made out for suspension of jail sentence and grant of bail to the appellants. Therefore, the IA is allowed.
The execution of remaining jail sentences of the appellants namely Dabbu Singh, Feran Singh @ Firangi, Mahendra Singh @ Munna and Dilip Singh are hereby suspended and the trial Court is ordered to release them on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) with one solvent surety of the same amount each to its satisfaction, subject to depositing the fine amount by each of the appellants at the time of furnishing bail-bonds, if the same is not so far deposited.
On being released on bail, the appellants shall appear before the Registry of this Court to mark their presence first time on 08/09/2017 and thereafter on all such other dates as may be fixed by it in this regard until further orders of this Court.
List the case with the connected appeals and a cross appeal for final hearing in due course.
Certified copy as per rules.
(Rajendra Mahajan) Judge Astha