Sumesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5860 MP

                                                            1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 2296 of 2023
                                         (SUMESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-04-2023
                                Shri Yogesh Soni, learned counsel for the appellants.

                                Shri Manoj Kushwaha, Panel Lawyer for the respondent/State.

Shri Bhanu Pratap Yadav, counsel for the objector.

Heard on I.A. No.3413/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant No.2 Madhur

pending the appeal.

Appellant alongwith co-accused has been convicted for commission of offence under Sections 326/34 of IPC and has been sentenced to undergo R.I. for 05 years and fine of Rs.2000 with default stipulations vide judgment dated 01.02.2023 passed in ST No.135/2021 by Sessions Judge, Narsinghpur District Narsinghpur.

Learned counsel for the appellant No.2 Madhur has submitted that appellant Madhur has been erroneously convicted by the learned Sessions Judge. Learned counsel for he appellant referring the evidence of Ankur Yadav

(P.W.2), Babulal Yadav (P.W.3), Sourabh Patel (P.W.4), F.I.R and other material on record has submitted that the only allegation against appellant No.2 Madhur Mishra was that he abused the injured. The allegation of causing grievous hurt is against Sumesh and not against the present appellant. The present appellant has been convicted with the aid of section 34 of IPC, whereas, he has not actively participated in commission of the offence. Appellant has fair chance to succeed in appeal. Therefore, it has been prayed that the execution of jail sentence of appellant No.2 be suspended and he be Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 4/12/2023 10:32:45 AM

released on bail.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellant and has submitted that in medical examination, Doctor has found five injuries including one grievous injury on the head of injured Ankur Yadav. As appellant No.2 was present on the spot and he abused the injured, therefore, he be not released on bail.

I have gone through the evidence of Ankur Yadav (P.W.2), Babulal Yadav (P.W.3), Sourabh Patel (P.W.4), F.I.R and the medical evidence, I am of the view that a case for suspension of jail sentence of appellant is made out.

Consequently, I.A. No.3413/2023 is allowed. The execution of jail

sentence of appellant No.2 Madhur Mishra is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellant No.2 be released on bail on his furnishing a personal bond in the sum o f Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 18.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 4/12/2023 10:32:45 AM