Raja Parmar vs The State Of Madhya Pradesh
2023 Latest Caselaw 10933 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       CRA No. 8089 of 2023
                                         (RAJA PARMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-07-2023
                                Mr. Dinesh Singh Tomar, Advocate for the appellants.

                                Ms. Kalpna Parmar, Panel Lawyer for the respondent - State.

Admit.

Heard on I.A. No. 11376 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by appellant No. 2 Sachin Raja @ Shivraj Parmar.

This Criminal Appeal assails the judgment dated 31.5.2023 passed by Sessions Judge, Datia, District Datia (M.P.) in Case No. ST/7019/2021, whereby appellant No. 2 has been convicted and sentenced under Section 326/34 of IPC to undergo rigorous imprisonment of four years with fine of Rs.3000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without considering the material and evidence available on record. The act of causing grievous injury by means of lohangi has not been attributed to appellant No. 2 - Sachin. As per prosecution story, present

appellant Sachin inflicted simple injuries, therefore, at the most offence under Section 323 of IPC is made out against appellant No. 2. There are material omissions and contradictions in the statement of the prosecution witnesses. It is further argued that appellant No. 2 - Sachin has already served almost one and half 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 appellant No. 2 - Sachin Raja.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 14-Jul-23 5:34:10 PM

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. 11376 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant No. 2 Sachin Raja

@ Shivraj Parmar shall remain suspended and he be released on bail. Appellant No.2 is further directed to mark his appearance before the Office of this Court on 18.10.2023 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: 14-Jul-23 5:34:10 PM