Madhya Pradesh High Court
Sanjay Jatav vs The State Of Madhya Pradesh on 8 May, 2023
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4627 of 2023
(SANJAY JATAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 08-05-2023
Shri R.S. Dhakar- learned counsel for the appellants.
Shri Lokendra Shrivastava - learned Public Prosecutor for the
respondent-State.
Heard on I.A. No. 6088/2023, first application under Section 389 (1) of
Cr.P.C. moved on behalf of appellants No.1 and 4, namely, Sanjay Jatav and
Deshraj Jatav respectively.
This criminal appeal under Section 374 of the Cr.P.C. is preferred by the
appellants against the judgment dated 23.03.2023 passed by Fourth Additional
Sessions Judge, Dabra District Gwalior (M.P.) in ST. No.286/2018 whereby
appellants No.1 and 4 have been convicted under Section 326 read with Section
34 of IPC and sentenced to suffer 5 years' RI with fine of Rs.2,000/- and under
Section 323 read with Section 34 of IPC and sentenced to suffer RI for 6
months, with default stipulations.
It is the submission of the learned counsel for the appellants that as per
the story of prosecution, appellants No. 1 and 4 inflicted lathi injuries to injured
Kasturi but she sustained simple injuries. He referred medical examination of
victim Kasturi vide Ex.P/15. It is further submitted by learned counsel for the
appellant that appellant No.1- Sanjay Jatav and appellant No.4- Deshraj Jatav
did not inflict grievous hurt to the victims. They already suffered sufficient
period of custody after passing of judgment. It is further submitted that during
trial, they remained on bail but did not misused the liberty. Appellants were in
confinement during trial also and the appellant has suffered around 45 days of
Signature Not Verified
Signed by: SHIVANI SINGH
RAJPUT
Signing time: 09-05-2023
10:20:00 AM
incarceration. Fine amount has already been deposited and the appellants are
ready to abide by all the terms and condition as imposed by this Hon'ble Court.
They are permanent resident of District Gwalior, therefore, there is no
possibility of their absonsion. Hearing of appeal will take time and they have a
strong case on merits. On these grounds, prayer for suspension of sentence has
been made out.
Learned counsel for the respondent/State opposed the prayer and prayed
for rejection of application.
Considering the facts and circumstances of the case, this Court intends
to allow the application with stringent conditions and subject to deposit of fine
amount. It is directed that jail sentence of appellant No. 1-Sanjay Jatav and
appellant No.4-Deshraj Jatav shall remain suspended subject to appellants'
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) each with one solvent surety of like amount to the satisfaction
of the trial Court to appear before Registry of this Court on 17/07/2023 and all
other subsequent dates as may be fixed in this regard.
Appellant No.1-Sanjay Jatav and Appellant No.4-Deshraj Jatav
shall not move in the vicinity of the complainant side in any manner and
would not cause any embarrassment or harassment to to the
complainant side, otherwise his benefit of suspension shall immediately
be withdrawn.
I.A.No.6088/2023 stands allowed and disposed of.
A copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(ANAND PATHAK)
Signature Not Verified
Signed by: SHIVANI SINGH
RAJPUT
Signing time: 09-05-2023
10:20:00 AM
JUDGE
shivani
Signature Not Verified
Signed by: SHIVANI SINGH
RAJPUT
Signing time: 09-05-2023
10:20:00 AM
