Suresh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7459 MP

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

Dated : 08-05-2023 Shri Asha Ram Shivhare and Shri Atul Gupta, Atul Gupta, learned

counsel for the appellants.

Heard on IA No.6011 of 2023 , which is the first application under Section 389(1) of CrPC filed on behalf of appellant no.1 and 3, namely, Suresh and Jeetu alias Jitendra.

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 and they have further been convicted under Sections 25(1-B) (A), 27 of Arms Act and sentenced to undergo one year RI with fine of Rs.1,000/- and Rs.1,000/- with default stipulations. All sentences have been directed to run concurrently.

It is submitted by learned counsel for the appellants that the allegations against the 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 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 Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM

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 par with other co-accused who have already been acquitted of charge levelled against them and case of present appellants is also

identical to that co-convicted accused appellant No.2 Ankit and appellant 4 Thakur Das whose remaining jail sentence has already been suspended by this Court vide order dated 20-03-2023. It is further submitted that appellant no.1 Suresh has already served six months five days in custody during trial whereas appellant no.3 Jeetu alias Jitendra has already served five months 13 days in custody during trial and from the date of passing of impugned judgment, they are in custody. 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 as well as considering the ground of parity, subject to deposit of fine amount (if not deposited by appellants), it is directed that jail sentence of appellant no.1 Suresh and appellant no.3 Jeetu alias Jitendra shall remain suspended Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM

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 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.

IA stands allowed and disposed of.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM