Raja Kushwah And Others vs State Of Madhya Pradesh

Appeal is already admitted on 12.03.2020.

Also, heard on I.A.No.7416/2020, which is repeat (second) application for suspension of sentence and grant of bail to the appellant No.4/accused-

Rakesh. Earlier bail application being IA. No.23576/2019 was dismissed as withdrawn with liberty to file a fresh application after completion of three

years of jail sentence of the appellant No.4/accused-Rakesh.

The appeal has been preferred by the appellants against judgment dated 09.08.2019 passed by learned Additional Sessions Judge, Berasiya, District-

Bhopal in Session Trial No.372/2017.

Appellant No.4 stands convicted for an offence punishable under Section 148 of the IPC and has been sentenced to undergo RI for 2 years with fine

of Rs.1,000/- in default of payment of fine, additional S.I. for 30 days, Section 324 read with Section 149 of the IPC and has been sentenced to

undergo RI for 2 years with fine of Rs.1,000/- in default of payment of fine, additional S.I. for 30 days and Section 307 read with Section 149 of the

IPC and has been sentenced to undergo RI for 8 years with fine of Rs.4,000/-in default of payment of fine, additional S.I. for 3 months.

A s per prosecution case, on 14.06.2017 at about 11:15 am complainant-Hariballabh was working on the post of Munshi in the liquor shop of

Hirankhedi. At that time, Sarjansingh Gurjar, Jagmohan, Mangilal and Rakesh Jha came there by his jeep bearing registration No. MP-04-CE-3373

and approached him for going to village Sankhed then complainant along with Sarjansingh reached at Barri Gurjar nearby shop of Shersingh.

Sarjansingh and Shersingh started talking then present appellant along with other co-accused persons armed with sword, rod and farsi, asked

Sarjansingh that as to how he has taken the contract of liquor in his area and one Babu Indori also asked the Sarjansingh that at his instance, a case

was registered against his son and all of sudden appellant No.1-Raja inflicted injury to Sarjansingh by means of sword and appellant No.2-Ranjit, Babu

Indori and present appellant-Rakesh also inflicted injuries to complainant party by means of sword, rod and farsi, resultantly, complainant-Hariballabh,

Sarjansingh and Rakesh Jha received injuries. Thereafter, on the complaint of the complainant, a case has been registered against the present

appellant and other co-accused persons for the alleged offences.

Learned counsel for the appellant No.4 submits that the appellant No.4 is in jail since 22.06.2017. Present appellant has been falsely implicated in this

case due to previous enmity. As per prosecution case, present appellant inflicted injuries to the complainant-Hariballabh Gupta (PW-6), Rakesh Jha

(PW-7) and Sarjansingh (PW-15) by means of rod. Hariballabh Gupta (PW- 6) and Rakesh Jha (PW-7) received simple injuries and Sarjansingh

(PW-15) received grievous injury which is dangerous to his life. Hariballabh Gupta (PW-6) did not depose any fact against the present appellant.

Rakesh Jha (PW-7) deposed before the trial Court that present appellant inflicted injury to Sarjansingh (PW-15) on his left leg by means of rod.

Dr.Ashish Verma (PW-14) deposed before the trial Court that he found incised wound on the left leg of Sarjansingh (PW-15). Rakesh Jha (PW7)

also deposed before the trial Court present appellant inflicted injury to his parietal and occipital region by means of rod. Dr. Ashish Verma (PW-14)

examined Rakesh Jha (PW-7), but he did not find any lacerated wound on the parietal and occipital region of Rakesh Jha (PW-7). No lacerated

wounds were found on the body of Rakesh Jha (PW-7) as well as Sarjansingh (PW-15), so, at the time of incident, the presence of present appellant

is suspected. As per prosecution, Mangilal Ateria (PW-13) is eye witness in the said case, but he did not allege any fact against the present appellant

whereas the said witness is not hostile witness before the trial Court. The present appellant is aged about 29 years. There are many contradictions,

omissions and improvements in the version of the prosecution witnesses. This appeal is of year 2019 and appeal will take time to conclude due to

COVID-19. There are fair chance to succeed in the appeal. There is no likelihood of his absconding. Under the circumstances, if the sentence of the

appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of his jail sentence and grant of bail.

Learned P.L. has opposed the application and prayed for its rejection.

Having considered the arguments advanced by learned counsel for the parties, on perusal of the record and the facts that appellant is in jail since

22.06.2017, this appeal is of year 2019, final hearing of this appeal will take time due to Covid-19 and it is admitted fact that at the time of incident,

present appellant armed with rod, but no lacerated wound is found on the body of Hariballabh Gupta (PW-6), Rakesh Jha (PW-7) and Sarjansingh

(PW-15) only incised wound was found on the body of Sarjansingh (PW-15), but without commenting anything on the merit of the case, the said I.A.

No.7416/2020 is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the

appellant No.4/accused-Rakesh 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 like amount to the satisfaction of the trial Court for his

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 view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant 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 :-

The Jail Authority shall ensure the medical examination of the appellant 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 the matter for final hearing in due course. C.C. as per rules.