Yash vs The State Of Madhya Pradesh
2022 Latest Caselaw 16379 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     CRA No. 10509 of 2022
                                                 (YASH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-12-2022
                                Shri Abhishek Rathore, learned counsel for the appellant.

                                Shri Rajesh Joshi, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Also heard on I.A.No.15789/2022, an application for suspension of jail

sentence of the appellant - Yash.

Appellant has been convicted by 5th Additional Session Judge, Distt. Ujjain vide judgment dated 30.09.2022 passed in S.T. No.458/2019 for commission of offence punishable under Section 307 r/W of IPC and sentenced to undergo RI for 07 years with fine of Rs.1,000/-. In default of payment of fine 03 months additional RI.

Learned counsel for the appellant submits that as per prosecution case itself, incident took place in a marriage function where complainant was also invited. Appellant alongwith other co-accused persons asked the complainant as

to how he is present ther and they all started assaulting him with brick/iron pipe/knife and caused grievous injuries to him. He further submits that all the incised wound on the vital part of the complainant were caused by co-accused Sagar alias Pappu. Incident took place all of a sudden, therefore, appellant cannot be held liable for the injuries caused by the co-accused Sagar alias Pappu. Injuries found on the body of the complainant were neither grievous nor dangerous to life. Impugned judgment convicting the appellant for the offences punishable u/S 307 r/W 34 of IPC is not sustainable. The final conclusion of the Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/9/2022 6:44:58 PM

appeal shall take considerable time. Hence, prays that application for suspension of sentence be allowed.

Learned Govt. Advocate for State has opposed the prayer and prays for rejection of the application for suspension of sentence with the submission that appellant was very well present on the spot. He alongwith co-accused Sagar assaulted the complainant with deadly weapons due to which he sustained grievous injuries and the said injuries were opined to be dangerous to life by the doctor.

Having considered the rival submissions, material pointed out by learned counsel for the appellant, especially the fact that incident took place all of a

sudden and nature of injuries i.e. incised wound found on the body of the complainant were alleged to be caused by the co-accused Sagar alias Pappu, so also considering other facts and circumstances of the case , without expressing any opinion on merits of the case, I.A.No.15789/2022 is allowed.

It is directed that upon appellant depositing the fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of appellant shall remain suspended till the final disposal of the appeal and he shall b e released on bail for his appearance before the Registry of this court on 16.01.2023 and all other subsequent dates, as may be fixed in this behalf by the Office.

List for final hearing in due course.

C.c. as per rules.

(SATYENDRA KUMAR SINGH) Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/9/2022 6:44:58 PM

JUDGE sh

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 12/9/2022 6:44:58 PM