Shamshad @ Golu vs The State Of Madhya Pradesh
2023 Latest Caselaw 16510 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 7012 of 2023
                                     (SHAMSHAD @ GOLU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-10-2023
                                Mr. Sooraj Bhan Lodhi, Advocate for the appellant.

                                Mr. P.P.S. Bazeeta, Dy. P.P. for the respondent - State.

Heard on I.A. No. 18275 of 2023, which is second application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by appellant No. 2 - Shakir @ Raju. First application was dismissed as withdrawn by order dated 08.8.2023.

This Criminal Appeal assails the judgment dated 15.05.2023 passed by V I I t h Additional Sessions Judge District Shivpuri in Session Trial No.244/2018, whereby appellant No. 2 has been convicted under Sections 307/34 of the IPC and has been sentenced to undergo rigorous imprisonment of 5 years with fine of Rs.1000/-, section 341 of the IPC and has been sentenced to undergo rigorous imprisonment of 1 month with fine of Rs.100/-, and section 325/34 of the IPC and has been sentenced to undergo rigorous imprisonment of 1 year with fine of Rs.900/-,with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly

been convicted the appellant without considering the oral as well as medical evidence on record. There are material contradictions and omissions in the statement of the prosecution witnesses. Treating doctor has admitted that at the time of examination, injured Shahrukh was drunk and the injury could be caused by falling on the ground. It is further argued that the appellant has already suffered almost 7 months of incarceration out of total jail sentence of 5 years. The appeal is likely to take long time to conclude. Hence, he prayed to suspend Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/6/2023 10:45:37 PM

the jail sentence and grant of bail to 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. 18275 of 2023, is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with a solvent surety of the like amount to the satisfaction of the

concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court o n 23/11/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

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: 10/6/2023 10:45:37 PM