Madhya Pradesh High Court
Ranjeet @ Gappu Aarya vs The State Of Madhya Pradesh on 2 December, 2021
Author: Sanjay Dwivedi
1 CRA-1674-2021
The High Court Of Madhya Pradesh
CRA No. 1674 of 2021
(RANJEET @ GAPPU AARYA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 02-12-2021
Smt Manjit P.S. Chuckal, Advocate for the appellant.
Shri Puneet Shroti, Panel Lawyer for the respondent/State.
This appeal has already been admitted for final hearing, although
application for suspension was rejected giving liberty to move fresh one after
a period of six months.
I.A.No.21121/2021 which is the third application under Section
389(1) of the Code of Criminal Procedure has been filed for suspension
of sentence and grant of bail to the appellant.
Vi de the impugned dated 02.03.2021 passed by the Additional
Sessions Judge, Jabalpur in ST. No.40/2016, the appellant has been
convicted for the offence punishable under Sections 307 and 324 of the
Indian Penal Code and sentenced to suffer RI for seven years with fine of
Rs.2000/- and RI for one year with fine of Rs.1000/- respectively, with
default stipulations.
Learned counsel for the appellant submits that the appellant is in
jail since 02.03.2021 and during trial, he remained in jail for more than
15 days. She submits that from the injuries caused by the appellant and
the statement of doctor, it is clear that said injury does not fall within the
ambit of grievous hurt or dangerous to life and as such the offence under
Section 307 of IPC is not made out and at the most offence under Section
324 of IPC is made out.
Shri Shroti, learned Panel Lawyer opposed the application and
drew attention of this Court towards the observations made by the trial
Court in paragraph 22 of its judgment.
Considering the overall facts and circumstances especially taking note
of the fact that the appeal has been admitted only on 06.05.2021 and would
2 CRA-1674-2021
take time to be heard finally, but without commenting anything on the merits
of the case, I am inclined to consider and allow the application for suspension
o f sentence and grant of bail to the appellant. Accordingly, I.A.
No.21121/2021 is allowed.
It is directed that on appellant's depositing the entire fine amount, if
not deposited, his remaining jail sentence shall remain suspended and he
shall be released on bail upon his furnishing a personal bond in the sum
o f Rs.50,000/- (Rupees Fifty Thousand) with a surety bond of like
amount to the satisfaction of trial court concerned for his appearance
before the Registry of this Court on 14.03.2022 and on such other dates
as may be fixed by the Registry in this regard.
Certified copy as per rules.
(SANJAY DWIVEDI)
JUDGE
Sudesh
SUDESH Digitally signed by SUDESH KUMAR SHUKLA
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH, ou=HIGH COURT OF MADHYA
PRADESH, postalCode=482001, st=Madhya
KUMAR
Pradesh,
2.5.4.20=1d5e479f08e68eda8f9271dbbe2c4
bc3916264aec736f7c5f5885257f5eeaeb7,
pseudonym=70EE703D36E97ABB20BA3C79
C921929E09400A16,
SHUKLA
serialNumber=7D462390C18350EF7C40811B
12AB45D82AF1259878762BAC356DCFA877F
02654, cn=SUDESH KUMAR SHUKLA
Date: 2021.12.02 18:45:29 +05'30'
