Madhya Pradesh High Court
Ballu Kushwaha vs The State Of Madhya Pradesh on 7 February, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9178 of 2023
(BALLU KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 07-02-2024
Shri Ahadulla Usmani - Advocate for appellant.
Shri Shailendra Mishra - Panel Lawyer for respondent-State.
Record of the Court below is received.
Heard on the question of admission.
Admit.
Learned counsel for the appellants submits that he does not wish to press
the bail application (IA No.17197/2023) so far as it relates to appellant no.2
Pappu Kushwaha.
Accordingly, the bail application (IA No.17197/2023) stands dismissed
as not pressed so far as it relates to appellant no.2 Pappu Kushwaha.
Also heard on IA No.17197/2023, which is an application under
Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to
the appellant no.1 Ballu Kushwaha. The appellant has been convicted for the
offences punishable under Section 307/34 of IPC and has been sentenced to
undergo R.I. for 7 years with fine of Rs.10,000/- with default stipulation.
It is contended by the counsel that as per the allegations levelled by the
prosecution that the appellant no.1 Ballu Kushwaha has been held to be guilty of
inflicting injury on the shoulder of the injured. It is contended by the counsel
that appellant no.1 has been falsely implicated in the case. There is a failure on
the part of the trial Court to appreciate the evidence of the Doctors. It is
contended by the counsel that the trial Court ought to have appreciated that the
Ex.P/12 contains an opinion by which, only a possibility was expressed
regarding the injuries being dangerous to life. However, no firm opinion was
there in Ex.P/12 yet, the Court has proceeded to convict the appellant no.1. It is
also contended by the counsel that the appellant no.1 as of now has completed
one year and two months in custody as against sentence of 7 years. The past
criminal antecedent of the appellant no.1 is unblemished, therefore, deserves to
be enlarged on bail.
Per contra, learned counsel for the respondent has opposed the prayer
and submits that taking into consideration the active role played by the present
appellant, therefore, the application for suspension of sentence deserves to be
rejected.
Heard the rival submissions and perused the case diary.
It is evident that the appellant no.1 has been held to be guilty on account
of allegation that he inflicted injury on the shoulder of injured. The nature of
injuries have been discussed by the trial Court in paragraph 29 of the judgment
and the trial Court while dealing with the injury no.2 which was inflicted by the
co-accused Pappu Kushwaha, and was on vital part of the body, convicted the
appellants under Section 307 of IPC. Undiputedly, the injury on the chest was
inflicted by the appellant no.2 Pappu Kushwaha.
Accordingly, taking into consideration the overall facts and circumstance
of the case and the fact that the injury on the chest was inflicted by the appellant
no.2 not by the appellant no.1 Ballu Kushwaha who has suffered one year and
two months of custody as of now, therefore, without commenting anything on
the merit of the case, this Court deem it proper to suspend the jail sentence of
t h e appellant no.1 Ballu Kushwaha. Accordingly, IA No.17197/2023 is
allowed.
T he execution of jail sentence of appellant no.1 Ballu Kushwaha is
hereby suspended subject to depositing the fine amount, (if not already
deposited) and on his furnishing a personal bond to a sum of Rs.50,000/-
(Rupees Fifty thousand only) with one solvent surety of the like amount to the
satisfaction of the trial court with a further direction to appear before the trial
Court on 10.05.2024 and also on such other dates, as may be fixed by that
Court in this regard during the pendency of this appeal.
List the matter for final hearing in due course.
C.C. as per rules.
(MANINDER S. BHATTI)
JUDGE
mn
