Madhya Pradesh High Court
Manoj vs The State Of Madhya Pradesh on 8 February, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 16134 of 2023
(MANOJ AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 08-02-2024
Shri Deepak Kumar Rawal - Advocate for the appellants.
Shri K. K. Tiwari - Govt. Advocate for the respondent/State.
Shri Virendra Sharma -Advocate appearing on behalf of
complainant/objector through Vc.
The appeal of the counter case which is CRA No.483/2024 for the
offence punishable under Section 302 of IPC is pending and the appeal was tied
up with the present appeal and as per I.A No.1091/2024, this appeal was listed
before this bench.
2. Heard on I.A No. 19670/2023, an application for ignoring the default.
3. The said application was filed as pages were not arranged properly and
prayed that the defaults may be ignored.
4. For the reasons stated in the application the same is allowed.
Accordingly I.A No.19670/2023 stands allowed and disposed off.
5. Heard on I.A No.19723/2023, an application under Section 301 of
Cr.P.C.
6. Heard learned counsel for the complainant/objector Shri Virendra
Sharma, he has already filed the Vakalatnama on behalf of the complainant, the
said application is allowed. He is permitted to assist the Public Prosecutor in the
case.
7. Accordingly, I.A No.19723/2023 stands allowed and disposed off.
8. Also, heard on I.A No.19645/2023, which is first application under
Section 389(1) of Cr.P.C for suspension of jail sentence of the appellant No.1
and 2- Manoj Patidar and Praveen Patidar, respectively.
9. The appellants have been convicted vide judgment dated 20.12.2023
passed by Second Additional Sessions Judge, Dewas(MP) in Session Trial
No.121/2021 for offence punishable under Sections 326 and 324 of IPC and
sentenced to undergo 07 years R.I and 01 year R.I with fine of Rs.2,000/- and
Rs.1,000/- respectively with default stipulations.
10. Learned counsel for the appellants submits that the doctor has not
supported that the injury was caused by sharp edged weapon. A cross case
under Section 302, 307, 294 and 506 was registered and the victim with other
co-accused persons have been convicted in that case. The appeal will take
considerable long time for its disposal. Therefore, in such circumstances, it is
prayed that the jail sentence of appellants be suspended and they be released on
bail.
11. Learned counsel for the complainant/objector has opposed the prayer
and submitted that there are ample evidence which proves that the appellant has
assaulted the victim Shravan Kumar with sharp edged weapon. There are cogent
reasons against the appellant and therefore, the application for suspension of jail
sentence of the appellants be dismissed.
12. Learned counsel for the respondent/State also opposes the prayer for
suspension of jail sentence and prays for its rejection.
Heard both the parties and perused the record.
13. A counter case was registered against the victim of this case. The
appellants were on bail during the trial and they have not misused the said liberty
hence, We find it to be a fit case to suspend the custodial sentence of the
appellants.
14. Looking to the facts and circumstances of the case, without
expressing any opinion on merits of the case, I.A.No. 19645/2023 is allowed
and it is directed that upon depositing the fine amount (if not already deposited)
and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty
Thousand only)each with one solvent surety each in the like amount to the
satisfaction of the trial court, the substantive jail sentence of the appellant
No.1 - Manoj S/o Kamal Singh Patidar and appellant No.2- Praveen S/o
Ram Krishna Patidar shall remain suspended till the final disposal of the
appeal and they shall be released on bail. They shall appear before the
concerned trial Court firstly on 06.09.2024 and on all other subsequent dates,
as may be fixed in this behalf by that Court.
15. List for final hearing in due course.
Certified copy as per rules.
(S. A. DHARMADHIKARI) (DEVNARAYAN MISHRA)
JUDGE JUDGE
akanksha
