Suresh vs The State Of Madhya Pradesh
2023 Latest Caselaw 4403 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 1727 of 2023
                                           (SURESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 20-03-2023
                                 Shri Asha Ram Shivhare, learned counsel for appellant no.4 Thakurdas

                          and Shri Atul Gupta, learned counsel for appellant No. 2 Ankit.
                                 Shri Nitin Goyal, learned counsel for the respondent- State.

Heard on IA No.4220 of 2023, which is the second application under Section 389(1) of CrPC filed on behalf of appellant No.4 Thakurdas for suspension of jail sentence and grant of bail and also IA No. 4360 of 2023,

which is the first application under Section 389(1) of CrPC filed on behalf of appellant No.2 Ankit for suspension of jail sentence and grant of bail. First application of appellant no.4 Thakurdas was dismissed as withdrawn vide order dated 14-02-2023.

By the impugned judgment of sentence and order of conviction dated 24- 12-2022 passed by First Additional Sessions Judge, Karera, District Shivpuri, both the appellants have been convicted under Section 307 read with Section 34 of IPC and sentenced to undergo ten years RI with fine of Rs.1,000/- with default stipulation.

It is submitted by counsel for the appellants that the allegations against present appellants is that complainant Lalla alias Bhagwan Singh lodged a dehati nalishi on 05-05-2016 stating therein that at around 03:30 in the night, while he was sleeping in Krishna Dhaba, all of a sudden due to hearing of gunshot fires, he woke up and saw that Suresh Yadav, Ankit Yadav, Jeetu yadav, Parbat Yadav, Bhagwat, Thakurdas, Kallu son of Kaptan Singh Yadav and Sunil Yadav all of them assembled there and with common intention fired at him and Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/20/2023 5:58:34 PM

his servant Surendra due to which, the bullet was hit on the chest of his servant Surendra and blood started oozing out. Thereafter, he called police by dialing 100 number. On the basis of aforesaid Dehati Nalishi, Crime No.287 of 2016 was registered. Appellants along with other co-accused were arrested. After completion of investigation and other formalities, charge sheet was filed and after conclusion of trial, the learned trial Court convicted the present appellants and sentenced them as stated above. It is further submitted that although there is allegation of causing gunshot fires against all the accused persons, but the learned trial Court acquitted five co-accused persons and only convicted present appellants and two others for alleged offence. The case of present

appellants is at part with other co-accused who have already been acquitted of charge levelled against them. It is further submitted that appellant No. 2 Ankit has already served near about eight months of jail sentence while appellant No.4 Thakurdas has already served near about three and half months of jail sentence. Fine amount has already been deposited by them. The appeal is of the year 2023 and disposal of appeal will take some time. Hence, prayed for suspension of jail sentence and grant of bail of present appellants.

Learned counsel for the State opposed the prayer and prayed for rejection of application.

Keeping in view the submissions advanced by the learned counsel for the parties and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, subject to deposit of fine amount (if not deposited by the appellants), it is directed that jail sentence of appellant no.2 Ankit and appellant No.4 Thakurdas shall remain suspended subject to their furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) each with one solvent surety each of like amount Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/20/2023 5:58:34 PM

to the satisfaction of the trial Court for his appearance before Registry of this Court first on 7th August, 2023 and all other subsequent dates as may be fixed in this regard.

Both the IAs stand allowed and disposed of.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/20/2023 5:58:34 PM