Rajkumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 12225 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         CRA No. 8951 of 2023
                                                  (RAJKUMAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-08-2023
                                    Shri Dhirendra Singh - learned counsel for the appellant.

                                    Shri Rajeev Upadhyay - learned Public Prosecutor for the respondent-

State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Also heard on IA No. 12852/2023, first application under Section

389(1) Cr. P.C. moved on behalf of the appellants seeking suspension of sentence and grant of bail.

Appellant stands convicted under Sections 308 of IPC and 25(1-B) A of the Arms Act and sentenced to undergo RI for four years with fine of Rs.1000/- and one year's RI with fine of Rs.1000/- respectively with default stipulation vide judgment of conviction and sentence dated 07/07/2023 passed by II Additional Sessions Judge, Karera Distt. Shivpuri (M.P.) in Sessions Trial No. 106/2019.

Learned Counsel for appellant submits that the appellant was 18 years at

the time of alleged incident. Presently, he is 20 years of age. No criminal antecedent is reported against him. Injured Sahil (PW1) and his father Mukesh (PW2) resiled from their statement in cross-examination and they expressed ignorance with regard to the person fired the bullet. Therefore, learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. The appellant Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 02/08/2023 10:34:09 AM

was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the appellant. The appellant is in custody. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and they may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of

remaining jail sentence of appellant shall remain suspended during pendency of this appeal and they shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 27.09.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.12852/2023 stands allowed and disposed of. Call for the record of the Court below and list thereafter for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Rks

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 02/08/2023 10:34:09 AM