Shankar Adiwasi vs The State Of Madhya Pradesh
2023 Latest Caselaw 17122 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 8719 of 2023
                                      (SHANKAR ADIWASI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-10-2023
                                 Shri Ajay Pratap Singh, learned counsel for the appellants.

                                 Shri Dheeraj Bhudholia, Public Prosecutor for the respondent/State.

Heard on I.A. No. 17411 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Shankar Adivasi and I.A. No.14803/2023, is also first application under Section 389(1) for suspension of sentence and grant of bail

filed on behalf of appellant Suraj Adivasi.

This Criminal Appeal assails the judgment dated 30.06.2023 passed by 17th Additional Sessions Judge, District Gwalior in Special Session Trial No.444/2021, whereby appellants have been convicted under Sections 307 of IPC and have been sentenced to undergo rigorous imprisonment of 5 years with fine of Rs.5000/- and section 323/34 of the I.P.C. and have been sentenced to undergo rigorous imprisonment of six months with fine of Rs.1,000/-, with default stipulations.

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

been convicted the appellants without proper appreciation of facts of the case as well as evidence available on record. There is material omissions and contradictions in the statement of prosecution witnesses. No act have been attributed to the appellants for causing injury to injured by means of katta. The present case is a counter blast of FIR lodged against brother of injured under Section 376 of the I.P.C. It is further argued that the appellant Shankar Adivasi has suffered almost 6 months and appellant Suraj Adivasi has suffered almost Signature Not Verified Signed by: MOHD AHMAD Signing time: 13-Oct-23 6:15:19 PM

14 months of incarceration out of total jail sentence of 5 years. Firearm has not been recovered from the possession of appellant Suraj Adivasi. The injury has not caused on vital part of the body of injured. FIR lodged against wife of present appellant- Suraj Adivasi. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellants.

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. 17411 of 2023 and I.A. No.14803/2023 are hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety of the like amount each to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. The appellants are further directed to mark their appearance before the Office of this Court on 20/12/2023 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.

Signature Not Verified Signed by: MOHD AHMAD Signing time: 13-Oct-23 6:15:19 PM

(SUNITA YADAV) JUDGE Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 13-Oct-23 6:15:19 PM