Rajiv Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 18423 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 7019 of 2023
                                             (RAJIV KUSHWAH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 02-11-2023
                                Mr. Rajmani Bansal, Advocate for the appellant.

                                Mr. Rajendra Singh Yadav, Public Prosecutor for the respondent - State.

Admit.

Heard on I.A. No.9504 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by appellant

- Rajeev Kushwah.

This Criminal Appeal assails the judgment dated 10.5.2023 passed by Sixth Additional Sessions Judge, Morena, District Morena (M.P.) in Sessions Trial No. 52/2018, whereby appellant has been convicted and sentenced under Section 307 of the IPC to undergo rigorous imprisonment of five years with fine of Rs.500/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant ignoring the evidence of the Investigating Officer who has clearly stated that since the incident was found to be suspicious, therefore, enquiry was conducted and FIR was lodged after two months. It is further

submitted that as per the statement of injured, he was hit by a rifle, however, Air Gun was seized during the course of investigation. No fracture was found on the body of the injured. Size of pallet was so small that it was kept in a small bottle as per the statement of PW-7 Munendra Singh. Further submission is that only abrasion is found in the Pre-MLC. All these circumstances make the prosecution story very doubtful which was ignored by learned trial Court. Learned counsel for the appellant further submitted that appellant has already Signature Not Verified Signed by: ALOK KUMAR Signing time: 11/2/2023 09:41:47 PM

served incarceration of six months out of total jail awarded. The present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.9504 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on

furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court o n 18.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

I.A. No. 9503 of 2023 also stands disposed of. List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 11/2/2023 09:41:47 PM