Madhya Pradesh High Court
Jaswant vs The State Of Madhya Pradesh on 10 March, 2022
Author: Satyendra Kumar Singh
1 Cr.A.No.7411/2021
(Jaswant Vs. State of M.P.)
Indore : Dated 10.3.2022
Shri Vikas Rathi, learned counsel for the appellant.
Shri Aakash Sharma, learned Govt.Advocate for the
respondent/State.
Heard on admission.
The appeal is admitted for final hearing in due course.
Heard on I.A.No.29510/2021, an application for suspension of
sentence and grant of bail to appellant.
The trial Court has convicted the appellant under Section 307/149
of IPC and sentenced to undergo ten years' RI with fine of Rs.3,000/-,
under Section 325/149 of IPC and sentenced to undergo two years RI
with fine of Rs.2,000/-, under Section 324/149 of IPC and sentenced to
undergo one year RI with fine of Rs.1,000/-, under Section 452 of IPC
and sentenced to undergo two years RS with fine of Rs.2,000/- and under
Section 148 of IPC and sentenced to undergo one year RI with fine of
Rs.1,000/-, with default stipulation vide judgment of conviction and
order of sentence dated 30.11.2021 passed by Addl.Sessions Judge,
Nagda, District Ujjain in S.T. No.400610/2008.
Prosecution story, in brief, is that appellant Jaswant alongwith
other co-accused persons armed with deadly weapons formed an
unlawful assembly near the house of Jitendra Giri and assaulted them and
caused grievous injuries.
Learned counsel for the appellant submits that there was free fight,
wherein members of appellant party were also injured. A cross case with
regard to injuries found on the body of the members of appellant party
has been registered, wherein members of complainant party have also
been sustained injuries. Learned counsel for the appellant referring to the
statement of injured witnesses Jitendra (PW-1) and Nagu (PW-2) submits
that they nowhere stated about the fact that appellant Jaswant assaulted
them and caused injuries to them. Learned counsel for the appellant
submits that the trial Court has not properly appreciated the evidence
(Jaswant Vs. State of M.P.)
available on record. The appellant was on bail during trial and he has not
misused the liberty granted to him. There is no likelihood of hearing of
appeal in near future. In view of aforesaid, learned counsel for the
appellant prays for suspension of remaining jail sentence and grant of the
bail to the appellant.
Learned counsel appearing for the respondent/State has opposed
the prayer.
Considering the rival submissions, material produced on record,
there is no likelihood of hearing of appeal in near future, without
expressing any opinion on merits of the matter I.A.No.29510/2021 is
allowed and jail sentence of the appellant shall remain suspended.
It is directed that subject to depositing the fine amount, if already
not deposited, he shall be released on bail, on furnishing a personal bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with a
solvent surety in the like amount to the satisfaction of trial Court, for his
appearance before the Registry of this Court firstly on 09.05.2022, and
on such other dates, as may be fixed by the Registry in this regard, till
final disposal of this appeal.
I.A.No.29510/2021 is allowed.
List for final hearing in due course.
C.C. as per rules.
(Satyendra Kumar Singh)
Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2022.03.10
16:22:45 +05'30'
