Ashish vs The State Of Madhya Pradesh
2023 Latest Caselaw 12771 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRR No. 2540 of 2023
                                            (ASHISH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 08-08-2023
                                 Shri Bhupendra Shukla - Advocate for applicants.

                                 Shri R.P. Prajapati - Panel Lawyer for respondent/State.

Heard on admission.

This revision being arguable is admitted for final hearing. Also Heard on I.A. No.13976/2023, which is first application filed

under Section 397(1) of Cr.P.C. on behalf of the applicants for suspension of sentence and grant of bail.

T h e applicants have been convicted by the appellate Court for the offences punishable under Sections 452, 324/34 and 323/34 of IPC and sentenced to undergo R.I. for one year with fine of Rs.500, R.I. for one year with fine of Rs.500/- and R.I. for six months with fine of Rs.200/- each respectively with default stipulations.

Learned counsel for the applicants have submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on

record. The maximum jail sentence awarded to the applicants is 1 year. The applicants are in custody and disposal of this revision will take considerable time, therefore, the jail sentences of the applicants may be suspended and they may be released on bail.

Learned counsel for the State has vehemently opposed the application. Heard learned counsel for the parties, perused the records and the judgments of the Courts below.

The applicants have prayed for suspension of sentence on the grounds Signature Not Verified Signed by: NITESH PANDEY Signing time: 8/10/2023 7:09:58 PM

that there was a family dispute between the two parties; they have been sentenced to a maximum period of one year, out of which almost two months sentence has been suffered by them; the injuries caused to the complainant side were simple and the prosecution case was not supported by any independent witness. These grounds were considered on the face of evidence available on record. It is evident that three persons were injured in the incident, out of which one was caused cut wound by a hard and sharp object. Though the other injuries caused to Savita and Archnna were simple in nature, but those were contusions of considerable size. No explanation has been put-forth by the applicants regarding injuries sustained to these victims. The victims were

assaulted in their house and no reason of provocation could have been brought into light by the applicants. The demarcation proceedings undertaken on the previous date could not have been cited as the immediate reason of provocation.

In the light of well reasoned analysis of facts, the jail sentence of applicants cannot be suspended. Hence, the application is dismissed.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

rv

Signature Not Verified Signed by: NITESH PANDEY Signing time: 8/10/2023 7:09:58 PM