TAKHAT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.5272/2023, first application under Sec. 389(1) of CrPC for grant of suspension of sentence filed on behalf of appellants No. 3, 9, and 11, namely, Parasram, Bhikam Singh and Harisingh respectively.

(2.) The Trial Court has convicted the aforesaid appellants under Ss. 147 of IPC and sentenced to undergo three months RI with fine of Rs.100.00, under Sec. 148 of IPC and sentenced to undergo six months imprisonment with fine of Rs.300.00, under Sec. 323/149 (three count) of IPC and sentenced to undergo six-six months RI with fine of Rs.300.00 (three count) and under Sec. 307/149 (two count) of IPC and sentenced to undergo 5-5 years RI with fine of Rs.1,000.00 (two count) with default stipulation, vide judgment of conviction and order of sentence dtd. 18/11/2022 passed in Sessions Trial No.159/2016 by Additional Sessions Judge, Lateri, District Vidisha.

(3.) Learned counsel for the appellants submits that it has been alleged against the appellants No. 3,9 and 11 that at the time of incident, they along with other co-accused persons armed with Lathi and Farsi assaulted the complainant's father Preetam and uncle Pratap Singh and when complainant along with his aunt Sharda Bai tried to intervene, then they also assaulted them and caused grievous injuries to all of them. He further submits that it is alleged against appellant No.9 that he assaulted Preetam on his head with Farsi but no such injury was found on his body. Statement of Preetam has not been recorded. All the injuries found on the body of the injured persons were simple in nature. All other co-accused persons have already been enlarged on bail. Appellant's case is similar to that of co-accused, therefore, the present appellants are also entitled for bail on the ground of parity. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellants prays for suspension of remaining jail sentence and grant of the bail to the present appellants.