Shivraj vs The State Of Madhya Pradesh
2021 Latest Caselaw 6316 MP

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               HIGH COURT OF MADHYA PRADESH,
                         BENCH AT GWALIOR
                             CRA-5775-2021
                     (Shivraj & Anr. Vs. State of M.P.)


Gwalior, Dated : 01/10/2021

      Shri Pradeep Katare, learned counsel for the appellants.

      Shri Manish Nayak, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing.

Learned counsel for the respondent/State accepts notice on behalf of

the respondent/State.

Record of the trial Court is available.

Also heard on I.A. No.29402/2021, an application under Section 389

(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf

of the appellants - Shivraj and Pawan.

This appeal has been preferred against the judgment dated 22/09/2021

passed by Additional Sessions Judge, Chachauda, District- Guna (M.P.) in

S.T. No.000004/2015, whereby the appellants have been convicted and

sentenced as under:-

      Sections              Sentence            Fine (Rs.)         Default
                                                                 Stipulation
 325/34 of the IPC         5 Years RI            7,000/-     6 Months RI

Allegations against the appellants, in short, are that on 21/02/2014,

when the complainant's father was returning after shopping from Kumbhraj

at that time the appellants and other co-accused stopped him and demanded

for smoking Beedi. When the complainant's father refused the same, they got

annoyed and started hurling abuses, the appellant- Shivraj assaulted the

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-5775-2021 (Shivraj & Anr. Vs. State of M.P.)

complainant's father by Farsi on beneath the knee, due to which, he fell down

on the earth and thereafter, co-accused Chhunnu and Pawan also assaulted

him by means of sticks, due to which, he received injuries on all over the

body. After that, some persons came to rescue the complainant's and seeing

them, all accused persons ran away from the spot. On the basis of aforesaid,

crime has been registered against the appellants.

Learned counsel for the appellants submits that appellants have been

falsely implicated in this case and they are not concerned with the case

directly or indirectly. They have been wrongly convicted by the learned trial

Court. It is also submitted that the trial Court has already suspended their jail

sentence for a limited period. The fine amount has already been deposited by

them. The appellants were on bail during trial and they have not misused the

liberty granted to them. The appellants are the permanent resident of District-

Guna (M.P.) and there are fair chances of success of this appeal and the

appeal may take long time for its conclusion and the appellants cannot be

kept in custody for an unlimited period. Under these circumstances, the

execution of sentence be suspended and the appellants be released on bail.

On the other hand, learned Panel Lawyer appearing on behalf of the

respondent/State opposes the bail application.

Keeping in view of the aforesaid submissions of learned counsel for

the parties and the fact that an early hearing of this case is not possible, I.A.

No.29402/2021 is allowed.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-5775-2021 (Shivraj & Anr. Vs. State of M.P.)

It is, therefore, directed that subject to verification of previous

suspension of sentence of appellants granted by the trial Court and if

appellants deposit the entire fine amount, if not already deposited, and

furnish a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand

Only) each with one solvent surety each of the like amount to the

satisfaction of trial Court for their appearance before the Registry of this

Court on 20th of December, 2021 and on such subsequent dates as may be

fixed in this regard, sentence of imprisonment awarded to them shall remain

suspended till further orders and they shall be released on bail. The

appellants shall also furnish a written undertaking that they will abide by the

terms and conditions of various circulars, as well as, orders issued by the

Central Government, State Government and local administration from time

to time such as maintaining social distancing, physical distancing, hygiene

etc. to avoid proliferation of Corona virus.

A copy of this order be sent to the trial Court concerned for necessary

compliance.

Certified copy/e-copy as per rules/directions.

(S.A. Dharmadhikari) Judge rahul

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82 ab676d0cde4dee473fe77953f5, cn=RAHUL SINGH PARIHAR Date: 2021.10.01 19:00:22 -07'00'