Alok Singh vs State Of Madhya Pradesh

Heard on I.A. No. 5215/2020, which is seventh application for suspension of sentence and grant of bail to the appellant. First application was dismissed as withdrawn, second application was dismissed on merit, third and fourth applications were dismissed for want of prosecution, fifth application was dismissed as there was no change in the circumstances and sixth application for temporary bail was allowed for a limited period.

The appellant has been convicted by the trial Court under Section 302 of the IPC and sentenced to life imprisonment with fine of Rs. 2,000/- with default stipulation.

As per prosecution's case, on 25.6.2013 , Satyapal (PW-1), Rajendra Singh (PW-2), Shrisingh (PW-11), Kapure (PW-14), Chhotu (PW-12) and deceased Ravindra Singh were going from Sagauni towards Raheli on Bolero vehicle beraring No. MP20/HA 1737, on the way at about 1:00 PM near Neem Ghati the applicant along with his wife and sister-in-law and two other persons was driving the vehicle MP15/A-3707 and tried to overtake the vehicle of the deceased and dashed, as a result of which both the vehicles got down the road and an open fight took place between both the parties. In the said fight both the parties assaulted each other and appellant fired two gun shots from his 12 bore gun on the deceased and caused two injuries; one on the right side of his chest and another on left side down the armpit. The deceased succumbed to the said injuries and died.

Learned counsel for the appellant submits that the incident took place on the spur of the moment. There was no motive or premeditation of mind of the appellant to commit the murder of the deceased. He made assault in exercise of his right of private defence. In respect of the same incident, a counter case was also registered against the complainant party, which has been decided vide S.T. No. 459/2013, in which learned trial Court has observed that the complainants also actively participated in the open fight wherein one person has died. In the said open fight the appellant also sustained as many as seven injuries on head, fracture of radius bone of left arm, back, stomach, shoulder, left wrist. Considering the injuries sustained by the appellant, the trial Court convicted the complainants Satyapal, Rajendra Singh and Shrisingh under Section 325/34 of the IPC and sentenced to undergo R.I. for two years each with fine of Rs. 2000/- each with default stipulations vide judgment dated 24.9.2014. Learned counsel for the appellant has further submitted that the appellant is in custody since 26.6.2013 for more than seven years. In view of the aforesaid prayer is made to suspend the jail sentence of the appellant and to release him on bail.

Learned Panel Lawyer has opposed the application.

Considering the overall facts and circumstances of the case and looking to the period of jail sentence served by the appellant, we deem it appropriate to suspend the remaining jail sentence of the appellant and to release him on bail.

Accordingly, without commenting on the merit of the case, I.A. No. 5215/2020 is allowed. It is directed that remaining jail sentence of appellant Alok Singh shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Rs. 1,00,000/- (Rupees One Lakh only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court firstly on 8.3.2021 and thereafter on all such dates as may be fixed by that Court from time to time during the pendency of this appeal.

Trial court to ensure the deposit of fine amount before releasing the appellant on bail.

List for final hearing in due course.

Certified copy as per rules.