Madhya Pradesh High Court
Shyamlal vs The State Of Madhya Pradesh on 31 July, 2021
Author: Arun Kumar Sharma
1 CRA-1775-2021
The High Court Of Madhya Pradesh
CRA-1775-2021
(SHYAMLAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
7
Jabalpur, Dated : 31-07-2021
Heard through Video Conferencing.
Shri Sunil Mishra, Advocate for the appellants.
Ms. Shanti Tiwari Panel Lawyer for the respondent- State.
Shri R.S. Patel, Advocate for the objector.
Record of the Court below is available.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard on I.A. No.4294/2021, which is an application under
Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail
filed on behalf of appellants.
This appeal has been preferred against the judgment dated 04.03.2021
passed by 1st Addl. Sessions Judge Jatara, District Tikamgarh in S.T.
No.1189/2015, whereby the appellants have been found guilty for the offence
punishable under Sections 148, 307/149 and 323/149 (three counts) and
sentenced them to undergo two years RI with fine of Rs.500/- each, five
years RI with fine of Rs.2,000/- each and three months RI with fine of
Rs.500/- each respectively and with default stipulations.
Learned counsel for the appellants has submitted that the appellants
were on bail during the trial and they did not misuse the liberty granted to
them. They have deposited the fine amount. It is alleged against the appellants
that on 16.7.2015 at about 06:15 p.m., they with common intention abused
and assaulted the complainant by means of an axe, by which the complainant
sustained grievous injuries in the alleged incident. One the date of incident,
one of the co-accused had a rifle but he had no intention to kill the victim.
The complainant sustained simple injury in the alleged incident. All the
appellants are in jail since 04.03.2021. There are fair chances of success of
2 CRA-1775-2021
this appeal. Appeal will take time for final hearing. Hence, prayed for
suspension of the jail sentence and release of the appellants.
On the other hand, learned counsel for the State opposed the prayer
and rejection of the same.
Learned counsel for the objector also opposes the application. He
submits that the appellants had intention to kill the complainant. He sustained
grievous injury in the incident. A fracture was also found to the victim on his
leg. Hence, it is prayed that appellants may not be granted bail.
Looking to facts and circumstances of the case and on perusal of
record, this Court is of the view that it is a fit case for grant of bail and
suspension of sentence.
It is directed that subject to deposit of fine amount, if not already paid,
execution of the jail sentence alone passed against appellants shall remain
suspended till next date of hearing and they be released on bail upon their
furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand
only) each with one surety in the like amount to the satisfaction of the trial
Court, to appear before the trial Court on 20.12.2021 and on subsequent
dates as may fixed by the trial Court from time to time till final disposal of
the case.
A typed copy of this order be forwarded by the Registry to the Office
of the Advocate General and to the concerned learned Panel Lawyer, on their
respective email address for intimation to the Police Station concerned. The
office is requested to forward a copy of this order to the learned Court below
also.
List this case for final hearing in due course.
Certified copy/e-copy as per rules/directions.
(ARUN KUMAR SHARMA)
JUDGE
pn
Signature Not Verified
SAN
Digitally signed by PANKAJ NAGLE
Date: 2021.07.31 15:44:59 IST
