Shoeb vs The State Of Madhya Pradesh
2023 Latest Caselaw 12789 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 7032 of 2023
                                                (SHOEB Vs THE STATE OF MADHYA PRADESH)

                          Dated : 08-08-2023
                                Shri Rajiv Sharma, learned counsel for the appellant.

                                Shri Dinesh Savita, Public Prosecutor for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No. 9559 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the

appellant.

This Criminal Appeal assails the judgment dated 15.05.2023 passed by V I I t h Additional Sessions Judge District Shivpuri in Session Trial No.244/2018, whereby appellant has been convicted under Sections 307/34 of the IPC and has been sentenced to undergo rigorous imprisonment of 5 years with fine of Rs.1000/-, section 341 of the IPC and has been sentenced to undergo rigorous imprisonment of 1 month with fine of Rs.100/-, and section 325/34 of the IPC and has been sentenced to undergo rigorous imprisonment of 1 year with fine of Rs.900/-,with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly been convicted the appellant without considering the oral as well as medical evidence on record. It is further submitted that as per prosecution story and statement of injured, appellant has inflicted injuries by means of 'lathi' as well as kick and fist; however, in MLC only one lacerated wound was found on the head of injured Sharukh. Treating doctor has also not supported the prosecution case that except injury on head, no any other injuries were found on Signature Not Verified Signed by: MOHD AHMAD Signing time: 09-Aug-23 11:08:49 AM

the body of the injured. It is further argued that the appellant has already suffered almost 5 months of incarceration out of total jail sentence of 5 years. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

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. 9559 of 2023, is hereby

allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court o n 23/11/2023 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.

Signature Not Verified Signed by: MOHD AHMAD Signing time: 09-Aug-23 11:08:49 AM

(SUNITA YADAV) JUDGE Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 09-Aug-23 11:08:49 AM