Raja Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 5650 MP

                                            1

         IN THE HIGH COURT OF MADHYA PRADESH
                               AT GWALIOR

                         CRA No. 2681 of 2022
                  (RAJA SINGH Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated:19.04.2022
        Shri Brijesh Kumar Tyagi, learned counsel for the appellant.

        Shri Ramadhar Choubey, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.5920/22, first application under Section 389

of Cr.P.C. filed by appellant for suspension of sentence and grant of

bail.

Vide judgment dated 28.02.0222 passed by 2 nd Additional

Sessions Judge in S.T.No.238/2015 by which the appellant has been

convicted and sentenced as under:

Section Sentence Fine In default stipulation 148 of IPC 2 years R.I. Rs.1000/- 2months RI 323/149 of 1year R.I. Rs.1,000/- 1 month R.I. IPC 307/149 of 7 years R.I. Rs.5,000/- 6 months R.I.

IPC(3 count)

During trial, appellant was in custody for one and a half months

After trial from the date of judgment i.e. 28.02.2022, he is in custody.

In brief, prosecution case is that on 07.06.2015 at 8.30 A.M.,

complainant Ashok Yadav lodged a dehatinalshi at emergency ward,

Jhansi Medical college that on the date of incident he was going from

Dinera to Barkua by motorcycle when he reached in front of house of

Raghunath Yadav, Raghunath Yadav, Chandan Yadav, Deepak and

appellant Raja Singh having 315 gun with common intention stopped

him. Due to previous disputed started abusing him and assaulted the

complainant with the aforesaid weapons. He cried. His nephew

Pawan and Jitendra @ Jeetu came to intervened then Shailu fired by

315 bore gun. Bullet went away touching on private part. Ravi fired

on Pawan. Buttlet hit on his head. Also fired on Dhaniram. He got

injury. On the basis of dehatinalshi F.I.R. has been registered on the

aforesaid offednce. After submission of charge-sheet, trial was

conducted.

From the side of appellant/accused, it was submitted that

omnibus statements by assaulting authority were made against the

present appellant. He has not fired on the injured person. He was

present on the spot having lathi. He has been convicted for the

aforesaid offence under Section 323 of IPC. Fine amount has been

deposited.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the case,

without commenting anything on merits of the case, I.A.No.5920/22

is allowed. Subject to verification of fine amount amount deposited

by the appellant and on furnishing a personal bond in the sum of

Rs.25,000/- (Rupees Twenty five thousand only) with

one solvent surety in the like amount to the satisfaction of the

concerned trial Court, the remaining jail sentence of the appellant

shall remain suspended and he shall be released on bail.

The appellant shall firstly appear before the Registry of this

Court on 04.07.2022 and thereafter on all other subsequent date

as may be fixed by the Registry in this regard, till disposal of this

appeal.

C.C.as per rules.

                                                   (Deepak Kumar Agarwal)
  mani                                                   Judge


SUBASRI MANI
2022.04.20
11:44:45 -07'00'