BHAGWAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I .A. No. 1397/2020 filed u/s. 397 (1) of the Cr.P.C. on behalf of petitioners no. 1 Bhagwan Singh and no. 2 Daulat Singh.

(2.) Both the petitioners have been convicted under Secs.148, 452 of the IPC and sentenced to suffer two-two years RI with a fine of Rs. 1000-1000/- and under Sec 325/149 of the IPC and sentenced to suffer three-three years RI with a fine of Rs. 2000-2000/- with default stipulation.

(3.) It is alleged by the counsel for the petitioners that the petitioners were on bail during trial as well as during appellate stage. They have not misused the liberty granted by the trial court as well as by the appellate court. Now they are in custody since the date of judgment. As per the prosecution story petitioners along with other co-accused has entered into patore of the complainant wherein Dharmendra, Lokendra and Ravindra have inflicted injuries by Lathi. Bhagwan Singh is stated to have inflicted injury by iron rod and when complainant's daughter tried to rescue the complainant then, Dharmendra and Ravindra inflicted injuries by means of lathi to her daughter. It is alleged that the injuries which were said to be inflicted were simple in nature as found by the Doctor, but on examination by the radiologist and on perusal of the x-ray report Annexure P/5 fracture of humerus bone of the injured Munnidevi was found and in the x-ray of the injured Mamta the fracture in radius bone was found. It is alleged that there are omnibus allegations against all the accused persons of inflicting injury. It is submitted that they have already suffered part of sentence during trial and appellate stage ie they have remained under custody since 28.08. 2013 to 7.09.2013. It is argued that there is nothing on record to show that the petitioners have ever misused the liberty granted by the trial court as well as by the appellate court. They have already deposited fine amount. In such circumstances, he prays for suspension of jail sentence.