Rajnarayan @ Raju vs The State Of Madhya Pradesh
2021 Latest Caselaw 8833 MP

                                                                        1                                  CRA-6150-2021
                                        The High Court Of Madhya Pradesh
                                                 CRA No. 6150 of 2021
                                           (RAJNARAYAN @ RAJU AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                         Jabalpur, Dated : 14-12-2021
                                 Shri Aakarsh Sharma, counsel for the appellants.

                                 Shri Jubin Prasad, Panel Lawyer for the respondent-State.

Appeal has already been admitted.

Heard on IA No. 22309/2021, which is first application for suspension of sentence and grant of bail to appellants.

Appellants have been convicted under Sections 307/34, 325/34, 323/34 and 452 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years, two years, one year and two years with fine of Rs. 500/-, 500/-, 500/- and Rs. 500/- each respectively with default stipulation.

Learned counsel for the appellants submits that appellants are in jail since the date of judgment i.e. 28.09.2021. He submits that during trial they were granted bail by the court below. He further submits that looking to the opinion of the doctor and the injuries sustained by the injured persons, offence under Section 307 of IPC is not made out and at the most the offence under Section 325 of IPC would be made out against

the appellants.

Learned counsel for the respondent-State has opposed the application and read over the observation made by the trial court in para 40 onwards.

Considering the statements of the witnesses recorded during trial and also the custody period of appellants and that final hearing of the appeal would take a long time, without expressing any opinion on merit of the case, IA No. 22309/2021 is allowed.

It is directed that remaining jail sentence of appellants shall remain suspended and they shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with a surety bond of like amount each to the satisfaction of trial court concerned for their appearance before the registry of this Court on 04.04.2022 and on such other dates as may be fixed by the registry in this regard.

List the appeal for final hearing in due course. Signature Not Verified SAN

Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2021.12.15 11:12:11 IST 2 CRA-6150-2021 Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

RAGHVENDRA

Signature Not Verified SAN

Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2021.12.15 11:12:11 IST