Nitin Gupta vs The State Of Madhya Pradesh
2021 Latest Caselaw 2340 MP

                                                          1                             CRA-1443-2021
                              The High Court Of Madhya Pradesh
                                         CRA-1443-2021
                                   (NITIN GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                      3
                      Jabalpur, Dated : 14-06-2021
                            Through Video Conferencing.
                            Shri Pramod Singh Tomar, counsel for the appellants.
                            Shri K.K.Gupta, Panel Lawyer for the respondent/State.

Heard on I.A.No.3491/2021 filed under Section 389(1) of the Cr.P.C. on behalf of appellants namely Nitin Gupta, Ankit, Sanket and Anil, who are

convicted by judgment dated 22.02.2021 passed by 5th Additional Sessions Judge, Sagar (M.P.) in S.T.No.28/2019.

At the beginning of the arguments, counsel for the appellants seeks partly withdrawal of the application on behalf of appellant no.4-Anil, therefore, permission is granted.

The aforesaid I.A. is partly dismissed as withdrawn in reference to appellant no.4-Anil.

It appears from the impugned judgment that the remaining three appellants have been convicted for the offence punishable under Section 326

of the IPC. The trial court sentenced them for 10 years RI with the fine amount of Rs.1,000/- with default stipulation.

It appears that the main injury related to Section 326 of the IPC was caused by appellant no.4-Anil. Due to common intention, the present three appellants have been convicted. It also appears from the record that the matter has been compromised between the parties. The aforesaid facts have been mentioned in para 1 of the judgment. According to aforesaid, the appellants have been acquitted for the offence punishable under Sections 323/34 and 506 of the IPC. The appellants were on bail during the trial. They did not misused the liberty granted earlier. Therefore, looking to their role and other circumstances of the case, the application (I.A.No.3491/2021) is partly

Signature SAN Not allowed in reference to appellants Nitin, Ankit and Sanket. Verified

Digitally signed by SMT SHALINI SINGH LANDGE Date: 2021.06.15 10:52:18 IST 2 CRA-1443-2021 It is ordered that remaining part of the substantial jail sentence of the appellants Nitin, Ankit and Sanket will be suspended subject to furnishing a bail bond worth Rs.30,000/-(Rs.Thirty Thousand only) e a c h and a personal bond of the same amount to the satisfaction of the trial court.

At the time of releasing the appellants from custody, all the instructions

issued by the Government related to Covid-19 shall also be followed by the concerned authorities.

After releasing on bail, the appellants will appear before the Registry of this Court on 16.12.2021 and thereafter on other subsequent dates as may be fixed by the Registry in this behalf.

Certified copy today.

                                                                           (B. K. SHRIVASTAVA)
                                                                                    JUDGE


                      Sha




Signature
 SAN      Not
Verified

Digitally signed by
SMT SHALINI
SINGH LANDGE
Date: 2021.06.15
10:52:18 IST