Shivdayal Kushwaha vs The State Of Madhya Pradesh
2024 Latest Caselaw 4677 MP

Madhya Pradesh High Court

Shivdayal Kushwaha vs The State Of Madhya Pradesh on 17 February, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

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            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 : 17-02-2024
      Shri A.S.Parihar - Advocte for Appellant No.3 Ajeet Kushwaha &

Appellant No.4 Tejbhan Kushwaha.
      Shri Nitin Gupta - Deputy Government Advocate for State.

      Heard on I.A.No.2415/2024 & I.A.No.2417/2024, which is the third &
fourth applications filed on behalf of Appellant No.3 Ajeet Kushwaha &

Appellant No.4 Tejbhan Kushwaha respectively seeking suspension of sentence
& grant of bail.
      Vide judgment dated 13.8.2019 passed by learned 1st Additional
Sessions Judge-Nagod, District Satna in Sessions Trial No.63/2017, Appellant
No.3 Ajeet Kushwaha stands convicted for the offence under Sections 307/34
& 325/34 of the Indian Penal Code, 1860 and sentenced to undergo rigorous
imprisonment for life & seven years with fine of Rs.25,000/- & Rs.25,000/-
respectively and in default of payment of fine to further undergo rigorous
imprisonment for six months.

      Vide judgment dated 13.8.2019 passed by learned 1st Additional
Sessions Judge-Nagod, District Satna in Sessions Trial No.63/2017, Appellant
No.4 Tejbhan Kushwaha stands convicted for the offence under Sections
307/34 & 325/34 of the Indian Penal Code, 1860 and sentenced to undergo
rigorous imprisonment for life & seven years respectively with fine of
Rs.25,000/- & Rs.25,000/- respectively and in default of payment of fine to
further undergo rigorous imprisonment for six months.
      Learned Deputy Government Advocate for the State, on the other hand,
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though opposes the bail applications but submits that the incised wound with
the aid of Axe was caused by Appellant No.1 Shivdayal Kushwaha and the
allegation against Appellant No.3 Ajeet Kushwaha & Appellant No.4 Tejbhan
Kushwaha is of causing the injury by Lathi.
        After hearing learned counsel for the parties and considering the overall
facts and circumstances of the case so also keeping in view the fact that Co-
accused/Appellant No.2 Ramgopal Kushwaha, whose jail sentence has been
suspended and he was directed to be released on bail by this Court vide order
dated 26.10.2023, I.A.No.2415/2024 & I.A.No.2417/2024 are allowed.
        It is directed that on depositing the fine amount, if not already deposited

and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty
Thousand Only) each with two solvent sureties each in the like amount to the
satisfaction of the Trial Court for their appearance before the Trial Court on
30.8.2024

and such other dates as may be fixed by the Trial Court, the execution of remaining part of the jail sentence imposed upon Appellant No.3 Ajeet Kushwaha & Appellant No.4 Tejbhan Kushwaha shall remain suspended and they shall be released on bail till final disposal of this appeal.

I.A.No.2415/2024 & I.A.No.2417/2024 are allowed & disposed of. List this Criminal Appeal for Final Hearing in Part-II of the Cause List as per its turn and seniority.

Certified copy as per rules.

   (VIVEK AGARWAL)                                  (DINESH KUMAR PALIWAL)
        JUDGE                                                JUDGE

amit

AMIT JAIN
2024.02.17 14:57:17 +05'30'