Madhya Pradesh High Court
Surje @ Suryanarayan Singh vs The State Of Madhya Pradesh on 24 August, 2023
Author: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8296 of 2022
(SURJE @ SURYANARAYAN SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 24-08-2023
Shri Jagat Singh - Advocate for the appellant.
Shri Ram Girish Verma - Panel Lawyer for the respondent/State.
In compliance of order dated 01.03.2023, State has produced the report
dated 10.03.2023 regarding the health status of the appellant.
Record of the trial Court has been received.
Heard on the question of admission.
Appeal seems to be arguable, hence, it is admitted for final hearing.
Also heard on I.A. No.17625/2022, an application for suspension of
sentence and grant of bail to the appellant.
Vide impugned judgment dated 13.09.2022, learned Sessions Judge,
Sidhi, convicted the appellant for the offence punishable under Section 307 of
IPC and sentenced to undergo R.I. for 7 years with fine of Rs.5,000/-, with
default stipulation.
In addition to the argument regarding health condition of the appellant,
learned counsel for the appellant submits that the prosecution has failed to
prove its case beyond reasonable doubt, even then learned trial Court convicted
the appellant without any basis. He further submit that the injuries said to have
been sustained by the victim are not sufficient to constitute the offence under
Section 307 of IPC as medical examiner did not opine said injuries to be
dangerous to life. He submits that the police also failed to seize any
incriminating article from possession of present appellant and statements of
prosecution witnesses suffer from various contradictions and omissions. There
Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 8/25/2023
7:07:48 PM
is also ambiguity in evidence regarding the place of incident. He further submits
that most of the prosecution witnesses have turned hostile. Upon these
grounds, learned counsel prays that sentence awarded against the appellant may
be suspended and he may be released on bail.
Per contra, learned panel lawyer for the State vehemently opposes the
application referring to the statements of prosecution witnesses and other
material available on record.
I have heard learned counsel for the parties and perused the record.
On perusal of record, the allegation against the appellant/accused is that
on 02.011.2020, he abused the complainant, gave some blows and thereafter,
assaulted the victim with knife on the abdomen. The charges were framed under
Sections 294, 506-II as well as 307 of IPC, however, learned trial Court
acquitted the appellant for the offence punishable under Sections 294 and 506-II
of IPC.
Considering the overall facts and circumstances of the case and the
evidence available on record as well as the grounds raised by learned counsel
for the appellant including the fact regarding health condition of the appellant,
this Court finds it to be a fit case to suspend jail sentence of the appellant and
release him on bail, therefore, without commenting on the merits of the case,
this application is allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited, and on furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one surety in the like amount to the
satisfaction of the trial Court concerned, the custodial sentence of appellant
shall remain suspended and he shall be released on bail for securing his
Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 8/25/2023
7:07:48 PM
presence before the trial Court concerned on 06.11.2023 and on such other
dates as may be fixed in this regard during pendency of this appeal.
Accordingly, the aforesaid I.A. stands allowed and disposed of.
List for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
Prachi
Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 8/25/2023
7:07:48 PM
