Madhya Pradesh High Court
Aman Koushal vs The State Of Madhya Pradesh on 4 May, 2023
Author: Avanindra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1980 of 2023
(AMAN KOUSHAL Vs THE STATE OF MADHYA PRADESH)
Dated : 04-05-2023
Shri Ravinandan Dwivedi - Advocate for the appellant.
Shri Akhilendra Singh - Government Advocate for the respondent/ State.
Heard on admission.
Matter is admitted for final hearing.
Heard on I.A.No. 2878/2023, which is an application filed by the appellant
under Section 389 of Cr.P.C. for suspension of sentence and grant of bail.
Vide judgment dated 6.1.2023, learned trial Court has convicted the appellant
under Section 307 of the I.P.C. and sentenced to R.I. for 7 years and fine of
Rs.5,000/- along with default stipulation.
As per the prosecution story in para 2 of the judgment, on 3.7.2022 at around
5 P.M., victim Suraj Rai (P.W.1) heard hue and cry outside his house. When he
came out of the house, he saw that the accused/ appellant Aman Kaushal fighting
with a boy. When Suraj Rai (P.W.1) and his mother P.W.2 Smt. Subhadra Rai
scolded the accused for quarreling, the accused picked up a lathi and started
beating P.W.2 Smt. Subhadra Rai. When the victim, P.W.1 Suraj Rai objected then
the accused abused him and by a sharp weapon caused injury on the neck of Suraj
Rai (P.W.1). Ultimately, report was lodged. Medical examination was done and
after the investigation, charge-sheet was presented. On the basis of evidence
adduced, the accused was convicted.
The ground for suspension of sentence is that P.W.1, in para 7 of the cross-
examination, has not supported the prosecution version. P.W.2 has stated in para 2
of her statement that accused only used lathi for beating her. Attention of the Court
is also drawn to the statements of P.W.3, P.W.4, P.W.5, P.W.6 and P.W.7. As per
the record of the lower Court, the accused is in jail since 16.08.2022.
Learned counsel for the appellant submits that the appellant has been falsely
implicated in this case. Medical report belies the allegations levelled against the
appellant. Final hearing of the appeal would take considerable long time, therefore,
he prays for suspension of sentence and grant of bail to the appellant.
Learned Government Advocate prays for rejection of the bail application.
Perused the record and the statement of Dr. P.W.4.
Keeping in view the fact that there was no premeditation before commission
of crime and the injury caused to the victim if not treated could be fatal, the size of
the injury was 1.5 c.m. x 1 c.m as per the statement of treating doctor (P.W.4), no
depth is given, therefore, without expressing any conclusive opinion on merits, I
deem it proper to suspend the remaining jail sentence of the appellant. Accordingly,
I.A.No. 2878/2023, is allowed.
Subject to depositing the fine amount (if not already deposited), the remaining
jail sentence of appellant- Aman Koushal is hereby suspended and it is directed
that the appellant be released on bail on his furnishing a personal bond for a sum of
Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like
amount to the satisfaction of the trial Court with a further direction to appear before
the trial Court, Harda on 7th of August 2023 and also on such other dates as
may be fixed by the trial Court in this regard during the pendency of this appeal.
Certified copy as per rules.
(AVANINDRA KUMAR SINGH)
JUDGE
Vikram
Digitally signed by VIKRAM SINGH
Date: 2023.05.09 14:15:22 +05'30'
