Citation : 2023 Latest Caselaw 3269 MP
Judgement Date : 22 February, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 991 of 2023
(RANJEET KARNAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 22-02-2023
Shri Z.A. Khan - Senior Advocate with Shri Peyush Jain - Advocate for
the appellant.
Shri Sudhanshu Vyas - PL for the respondent/state.
Shri Avinash Kumar Khare- Advocate for the respondent nos.2 to 4. The appeal is admitted for final hearing. Heard on IA No.778/2023, which is first application filed under section
389(1) of the Cr.P.C for suspension of jail sentence filed on behalf of appellant Ranjeet Karnal.
The appellant has been convicted under section 307/34 of the IPC and sentenced to undergo 5 years RI with fine of Rs.10000/- with default stipulation.
On a complaint case, the case was registered and as per the allegations it is alleged that the appellant Ranjeet caused injury on the backside of Sumit with the help of Ustara. Neither the MLC nor any medical evidence is produced as per the observation made by the trial Court in Para no.42 of the impugned judgment.
Learned counsel for the respondent/state and objector have opposed the prayer mainly on the ground that all the accused persons had caused injuries with an intention to kill the victims and the injured persons. There are three criminal cases registered against the appellant.
It is further submitted that the appellant is highly influential person and may threaten and influence the objectors/complainants.
After hearing learned counsel for the parties and taking into consideration Signature Not Verified Signed by: SOURABH YADAV Signing time: 22/02/2023 6:03:06 PM
that the prosecution could not prove injury sustained by Sumit which is alleged to be caused by appellant Ranjeet and also the fact that the appellant was on bail during the trial and hearing of the appeal may take time, I am of the view that the appellant deserves to be enlarged on bail.
Accordingly IA No.778/2023 is allowed. The substantive jail sentence of the appellant is suspended on the following conditions:-
1. The appellant shall not influence or threaten the complainant/victims.
2. The appellant shall mark his presence before the concerned police station on 15th of every months till pendency of the appeal in addition to the appearance before the registry of this court.
Upon depositing the fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial court for appearance before the Registry of this Court on 18.07.2023 and on the subsequent dates as may be fixed in this behalf by the Registry.
(VIJAY KUMAR SHUKLA) JUDGE
Sourabh
Signature Not Verified Signed by: SOURABH YADAV Signing time: 22/02/2023 6:03:06 PM
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