Bhura @ Ramjilal Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 5620 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                             CRA No. 9222 of 2022
        (BHURA @ RAMJILAL SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 06-04-2023
      Shri Atul Gupta - learned counsel for the appellants.

      Shri Anil Shukla - learned Public Prosecutor for the respondent-State.

Learned counsel for the appellants submitted that in compliance of order dated 09/01/2023, the concerned Juvenile Justice Board was directed to conduct an enquiry in relation to age of the appellant No.7- Ashish Sharma at the time of commission of offence.

The concerned Juvenile Justice Board has conducted an enquiry and passed an order on 25/01/2023, however, the same has not been received, therefore, he requested call for the report.

The Registry is directed to call for the report of Juvenile Justice Board, Morena.

Heard on I.A. No. 4805 of 2023 and 4807 of 2023, which are applications under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by appellant No.6- Awdesh Sharma, appellant No.1- Bhura @ Ramjilal Sharma, appellant No.2- Ashok Sharma, appellant No.3- Parikshit

Sharma, appellant No.4- Mukesh Sharma, appellant No.5- Bramhjeet Sharma, appellant No.8- Ramprakash Sharma and appellant No.9 - Sarman Sharma.

This Criminal Appeal assails the judgment dated 27.09.2022 passed in Sessions Trial No. 104/2014 by III Additional Sessions Judge, Jaura, District Morena (M.P.) whereby, appellants stood convicted under Sections 148 and 307/149 (two counts) of the IPC and sentenced him to undergo 2-2 years RI and 10-10 years RI with a fine of Rs.1,000-1,000/- and Rs.3000-3,000/-

respectively with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without proper appreciation of facts of the case. There are material omissions and contradictions in the statements of prosecution witnesses. It is further submitted that injured namely Jagdish and Bhagirath have already entered into compromise with the present appellants- accused which has already been verified by the Registry of this Court. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to appellants.

Counsel for the State vehemently opposed the application and prayed for

its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 4805 of 2023 and 4807 of 2023 are hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant No.6- Awdesh Sharma, appellant No.1- Bhura @ Ramjilal Sharma, appellant No.2- Ashok Sharma, appellant No.3- Parikshit Sharma, appellant No.4- Mukesh Sharma, appellant No.5- Bramhjeet Sharma, appellant No.8- Ramprakash Sharma and appellant No.9 - Sarman Sharma shall remain suspended and they be released on bail. The appellants are further directed to mark their appearance before the Office of this Court o n 19/04/2023 and on subsequent dates given by the Office in this

regard, till final disposal of this appeal.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions. List this case on 18/04/2023.

(SUNITA YADAV) JUDGE

Pj'S/-

PRINCEE BARAIYA 2023.04.06 17:41:52 -07'00'