Maharaj Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12527 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 7940 of 2023
                                      (MAHARAJ SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 03-08-2023
                                Mr. P.P.S. Solanki, Advocate for the appellant.

                                Ms. Ankita Mathur, Panel Lawyer for the respondent - State.

Mr. Vinod Dhakad, Advocate for the complainant. Heard on I.A. No. 14139 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by appellants No. 3 and 4 - Jayendra Singh and Rakesh Singh Dhakad respectively.

This Criminal Appeal assails the judgment dated 16.6.2023 passed by Fourth Additional Sessions Judge, District Shivpuri (M.P.) in S.T. No. 37/2018, whereby appellant No. 3 - Jayendra stands convicted and sentenced under Section 323 of IPC (two counts) to undergo rigorous imprisonment of six months with fine of Rs.200/- for each count, under Section 323/34 of IPC (three counts) to undergo rigorous imprisonment of six months with fine of Rs.200/- for each count, under Section 324/34 of IPC (three counts) to undergo rigorous imprisonment of two years with fine of Rs.600/- for each count and under Section 326/34 of IPC to undergo rigorous imprisonment of five years

with fine of Rs.1000/- and appellant No. 4 - Rakesh stands convicted and sentenced under Sections 323/34 (two counts) to undergo rigorous imprisonment of six months with fine of Rs.200/- for each count, under Section 323 of IPC (three counts) to undergo rigorous imprisonment of six months with fine of Rs.200/- for each count, under Section 324/34 of IPC (three counts) to undergo rigorous imprisonment of two years with fine of Rs.600/- for each count and under Section 326/34 of IPC to undergo rigorous imprisonment of Signature Not Verified Signed by: ALOK KUMAR Signing time: 04-Aug-23 10:10:03 AM

five years with fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted appellants No. 3 and 4 without appreciating the evidence properly. Prosecution witness Pancham (PW-4) has not supported the case of the prosecution that appellant Jayendra inflicted any injury to him. It is further argued that cross-case has also been registered on the report of accused persons of present case against the complainant party. Since it is a case of free- fight, therefore, individual act of every accused persons has to be seen. He has further argued that as per evidence adduced by the prosecution, appellant No. 3

- Jayendra inflicted simple injuries to Heman Singh and appellant No. 4 - Rakesh

inflicted simple injuries to Kamar Singh, Devendra and Shanti Bai. No role has been attributed to them for causing grievous injury to Pancham Singh. Further argument is that both the appellants have already served around four months of incarceration. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellants No. 3 and 4.

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. 14139 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on each of appellants No. 3 and 4 furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellants No. 3 and 4 - Jayendra and Rakesh respectively shall remain Signature Not Verified Signed by: ALOK KUMAR Signing time: 04-Aug-23 10:10:03 AM

suspended and they be released on bail. They are further directed to mark their appearance before the Office of this Court on 19.10.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

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

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 04-Aug-23 10:10:03 AM