Madhya Pradesh High Court
Ashish Sharma vs The State Of Madhya Pradesh on 3 March, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1089 of 2023
(ASHISH SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 03-03-2023
Shri Rajmani Bansal, learned counsel for the appellants.
Shri Kuldeep Singh, learned counsel for the respondent- State.
Shri Sanjay Gupta, learned counsel for the complainant.
Heard on IA No.1902 of 2023, which is the second application u/Sec.
389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf
of appellant Pawan Sharma. First application for interim suspension of jail
sentence was dismissed as withdrawn.
Vide judgment of conviction and order of sentence, dated 19th
September, 2022 passed by the trial Court in Sessions Trial No.290 of 2015,
the appellant has been convicted under Section 307/34 of IPC ( on two counts)
and sentenced to undergo ten years RI with Rs.5,000/- with default stipulation.
As per prosecution case, on 09-03-2015 complainant Ramesh Sharma
(PW3) along with his brother Devendra Sharma (PW1)[since deceased] had
gone to his tube-well at Akoda. At that time, present applicant along with other
co-accused due to previous enmity came there and abused them in filthy
languages. When complainant objected to it, on the exhortation of Ramsevak,
accused (herein appellant no.1 Ashish Sharma) with intention to kill, fired
gunshot from his 315 bore gun which hit at the right hand of complainant
Ramesh Sharma and blood started oozing out. When Devendra Sharma came
for rescue, Ashish Sharma also caused gunshot fire at his back and blood
started oozing out. Kalicharan Sharma and Ramprakash Sharma of village were
witnesses of the incident.
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 3/3/2023
6:42:41 PM
Shri Bansal, submits that there is no overt act attributed to the present
appellant and as per evidence available on record, the present appellant was
only present on the spot. He has not caused any injury either to the complainant
or the deceased. The learned trial Court has committed an error in passing the
impugned judgment while convicting the present appellant for offence under
Section 307 of IPC (two counts) with sentence of 10 years RI. The appellant is
in custody since the date of impugned judgment passed by the trial Court. It is
further submitted by Shri Bansal, that Ramesh Sharma has been convicted by
the trial Court in connection with same incident arising out of ST No. 209 of
2015 passed by the trial Court vide judgment 19th September, 2022 for offence
under Section 304 Part II of IPC with fine of Rs. 5,000/- regarding causing
death of Ramsevak Sharma. This appeal is of 2023 and final outcome will take
some time. Hence, prayed for suspension of jail sentence and grant of bail.
Learned counsel for the State as well as counsel for the complainant
opposed the application and prayed for its rejection.
Considering the aforesaid facts and circumstances of the case, but
without commenting upon merits of the case, IA is allowed and it is directed
that jail sentence of present appellant will remain under suspension subject to
verification of fine amount deposited by appellant and on furnishing a bail bond
of Rs.25,000/- (Rupees twenty five thousand Only) with one solvent surety
of the like amount to the satisfaction of concerned Trial Court for his
appearance before the Principal Registrar of this Court on 10th July, 2023 and
on such further dates as may be fixed by the office in this regard till disposal of
the appeal.
Certified copy as per rules.
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 3/3/2023
6:42:41 PM
(DEEPAK KUMAR AGARWAL)
JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 3/3/2023
6:42:41 PM
