Madhya Pradesh High Court
Pawan Mishra vs The State Of Madhya Pradesh on 27 March, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10343 of 2022
(PAWAN MISHRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 27-03-2023
None for the appellants but younger brother of appellant No.1 Pankaj
Mishra, cousin of appellant No.2 Mayank Sahu and cousin of appellant No.3
Ratnesh Jadiya are present in person..
Smt. Priyanka Jain - Panel Lawyer for the respondent/State.
Despite strike being declared as illegal by the Division Bench of this
Court, Advocates are on strike/have abstained themselves from the work.
They are heard on I.A.No.21205/2022, an application under Section
389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the
appellants pending the appeal.
T he appellants have been convicted for commission of offence under
Section 307/34, 325/34 and 323 (2 counts) of IPC and have been sentenced to
undergo 7 years R.I. and fine of Rs. 1,000/-, 2 years R.I. and fine of Rs.1,000/-
and 6 months R.I. with default stipulations vide judgment dated 04.11.2022
passed in S.T.No.93/2020 (State of M.P. vs.Suresh Tiwari and others) by
Sessions Judge, Panna. All sentences are directed to run concurrently.
Parties present on behalf of the aforementioned appellants have
contended that appellants have not caused any life threatening injury to the
injured. Life threatening injury to Sadhna Tiwari was caused by Suresh and
grievous injury to Shivam was caused by Suresh, Raja and Dhirendra. The only
allegation against the appellants is that they have voluntarily caused hurt by
kicks and fists. Learned trial Court has erroneously convicted them for
commission of aforesaid offences as it has not considered the evidence of
Signature Not Verified
Signed by: BIJU BABY
Signing time:
3/28/2023 6:18:21 PM
prosecution witnesses in proper perspective. Appellants have fair chance to
succeed in appeal. Therefore, it has been prayed that their remaining jail
sentence be suspended.
O n the other hand, learned Panel Lawyer for the respondent/State has
opposed the prayer for grant of bail to the appellants.
On a perusal of paragraph No.77 of the impugned judgment, it is revealed
that life threatening injury to Sadhna Tiwari was caused by Suresh and grievous
injury to Shivam was caused by Suresh, Raja and Dhirendra. The present
appellants have been convicted with the aid of Section 34 of IPC. The allegation
against them is that at the late stage of the incident Maar Peet between the
parties they also reached on the spot and voluntarily caused hurt to the injured
persons. Having taken into consideration the findings recorded by the learned
trial Court and the evidence on record, I am of the view that case for
suspension of their jail sentence is made out and present appellants -Pawan
Mishra, Gaurav and Ankit Jadiya may be released on bail as there is no
possibility of hearing of this appeal in near future. Consequently,
I.A.No.21205/2022 is allowed.
The execution of jail sentence of appellant No.1 Pawan Mishra,
appellant No.2 Gaurav and appellant No.3 Ankit Jadiya is hereby suspended
subject to depositing the fine amount, if not already deposited. It is directed
that the appellants be released on bail on their furnishing a personal bond to a
sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent
surety of the like amount each to the satisfaction of the trial Court with a
further direction to appear before the trial Court on 25.07.2023 and also on
such other dates, as may be fixed by it in this regard during the pendency of
Signature Not Verified
this appeal.
Signed by: BIJU BABY
Signing time:
3/28/2023 6:18:21 PM
List this case for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
b
Signature Not Verified
Signed by: BIJU BABY
Signing time:
3/28/2023 6:18:21 PM
