Madhya Pradesh High Court
Shivdayal Kushwaha vs The State Of Madhya Pradesh on 26 October, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7401 of 2019
(SHIVDAYAL KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 26-10-2023
Shri A. S. Parihar - Advocate for the appellants.
Shri Amit Sharma - Government Advocate for the State.
Heard on I.A. No.21874/2023, which is third application under Section
389(1) of Cr.P.C. for suspension of sentence filed on behalf of appellant No.2 -
Ramgopal Kushwaha .
Earlier two bail applications, I.A. No.16367/2019 and I.A. No.8659/2020
were withdrawn respectively on 18.11.2019 and 29.1.2021.
It is submitted that it is a case under Section 307/34 of IPC and 325/34 of
IPC. It is submitted that main allegation is on the co-accused Shivdayal
Kushwaha who had caused 05 out of 06 injuries with an axe. Allegation on the
present appellant is of wielding lathi, as has been deposed by P.W.-4 Santosh
Singh, who is witness of seizure. He submitted that injury of lathi is on the left
knee, which is not a vital part and accordingly offence under Section 307 of
IPC will not be made out. Appellant is in custody since 19.8.2019 i.e. for about
over four years from the date of judgment and prior to that he was in custody
for a period of one month during trial. Hence, the execution of jail sentence of
the appellant may be suspended and he may be enlarged on bail.
Evidence of P.W.-6 Dr. H. K. Agarwal, Medical Officer, District Satna,
is read over to us.
Learned Government Advocate for the respondent/State opposes the
suspension application and submits that it is a case of gruesome act on the part
of accused persons and there is no need of showing any indulgence.
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 10/27/2023
11:31:54 AM
After hearing learned counsel for the parties and going through the record
and especially the evidence of Dr. H. K. Agarwal (P.W.-6) and Dr. Ajay Sharma
(P.W.-11) it is evident that Dr. H. K. Agarwal has categorically deposed that
only injury No.2 was caused by a hard and blunt object, that is injury below left
knee which has been opined by Dr. Ajay to have caused fracture.
Other injuries were caused by sharp and hard object. Sharp and hard
object has not been recovered from the present appellant. Looking to these
facts and evidence which has come on record, I.A. No.21874/2023 is
allowed. If fine is not deposited then the same be deposited forthwith.
I t is directed that on depositing of fine amount, if not already
deposited and on furnishing personal bond to the tune of Rs.50,000/-
(Rupees Thousand Only) wit h two sureties in the like amount to the
satisfaction of the learned CJM, Satna for his appearance before the Court of
CJM, Satna on 22.12.2023 and on subsequent dates as may be fixed by the
concerned Court, the appellant No.2 - Ramgopal Kushwaha be released on bail
and the substantive sentence under appeal shall remain suspended.
List for final hearing in due course.
Certified copy as per rules.
(VIVEK AGARWAL) (DINESH KUMAR PALIWAL)
JUDGE JUDGE
mrs. mishra
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 10/27/2023
11:31:54 AM
