Karodi And Others vs State Of Madhya Pradesh

Heard on the question of admission.

Appeal is already admitted for final hearing on 17.5.2019.

Heard on I.A. No.11215/2019, which is an application for suspension of sentence and grant of bail to the appellant No.4-Kaptan.

The  appeal  has  been  preferred  under  Section 374(2)  of the Cr.P.C.,1973 b y the appellants/accused against judgment dated 1.3.2019 passed  by learned II Addl. Sessions Judge Bina, District Sagar (MP), in S.T.No.157/2014, by which the accused/appellants No. 1 to 3 have been convicted for offence under Sections 307 read with Section 34 of IPC and they have been sentenced to undergo R.I. for 7 years and fine of Rs.2,000/-with default stipulation.

T he prosecution case in short is that, due to previous enmity of agriculture land between the complainant and the appellant along with other co-accused persons, incident occurred on 5.1.2014. It is alleged therein that on 5.1.2014 at about 4:00 PM, complainant (PW/2) Prabhu was in the field then the present appellant along with other co-accused persons came there armed with Axe and stick and after some exchange of wordy quarrel the appellant and other co-accused persons, assaulted him with the armed they were carrying. In the meantime his mother Laat Kunwar and son Vinod came and saved him. He was taken to the Primary Health Center Bina for treatment and from there he lodged Dehati Nalishi Ex.P/1 for the offence under Sections 294, 307/34 of IPC.

Learned counsel for the appellant submits that accused/appellant is in jail since 1.3.2019. During the trial he remained in jail since 9.3.2014 to 23.4.2014. No case is not made out  under Section 307 read with Section 34 of IPC.  It is alleged that the present accused/appellant inflicted injuries by Axe on the head of injured Prabhu Kushwaha (PW/2), but no sharp edged weapon injury is found on the head of injured Prabhu. Dr. Deepak Tiwari (PW/5) examiend the complainant Prabhu Kushwaha (PW/2) on 5.1.2014. He did not opine that the injuries are dangerous to life. There is no previous criminal record.  This appeal is of the year 2019, therefore, conclusion of this appeal will take time. There are many  contradictions, omissions and improvements in the version of the prosecution witnesses. There are fair chances to succeed in the case. Therefore, the application filed on behalf of the appellants may be allowed and the period of their remaining jail sentence may be suspended further and they may be released on bail.

Learned  Panel Lawyer for the respondent/State has  opposed  the application.

After hearing rival submissions of learned counsel for the parties, considering the evidence of prosecution witnesses, facts and circumstances of the case as also the fact that no sharp edged weapon injury is found on the body of Prabhu Kushwaha (PW/2) and Dr. Deepak Tiwari (PW/5) did not opine that injuries are dangerous to life, but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the appellants and grant bail to them.

Consequently, I.A. No.11215/2019 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal.

Appellant No.4-Kaptan be released from custody subject to his furnishing a personal bond  in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only), with one surety in the like amount, to the satisfaction of the trial Court. The appellant shall appear and mark his presence before the trial Court on 30.4.2020 and shall continue to do so on all such future dates, as may be given by the trial Court in this behalf, during pendency of the matter.

List the appeal for final hearing in due course.

C.C. as per rules.