Girraj vs The State Of Madhya Pradesh
2024 Latest Caselaw 14144 MP

Madhya Pradesh High Court

Girraj vs The State Of Madhya Pradesh on 14 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 7888 of 2023
                (GIRRAJ AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 14-05-2024
      Shri Ashok Jain - Advocate for the appellants.

      Shri Rajesh      Shukla    - Additional Advocate General for the
respondent/State.

Shri Rajmani Bansal - Advocate for the complainant.

Heard on I.A. No.9123 of 2024, first application under Section 389 (1) of

Cr.P.C. for suspension of remaining jail sentence and grant of bail filed on behalf of the appellant No.2- Kiledar Gurjar.

T h e appellant has been convicted for the offence punishable under Sections 302/149(two counts), 307, 307/149, 148 of IPC and Sections 25(1- B)A and Section 27 of Arms Act and sentenced to undergo life imprisonment with fine of Rs.5,000/-, 10 years RI with fine of Rs.2000/-, 05 years RI with fine of Rs.1000/-, 01 year RI with fine of Rs.500/-, 01 year RI with fine of Rs.500/- and 03 years RI with fine of Rs.1000/- respectively, with default stipulations vide judgment of conviction and order of sentence dated 29.04.2023 passed by

IVth Additional Sessions Judge, Morena, District Morena in Case No.400415/2015, 102/018 and 337/2018 ST.

Learned counsel for appellant while taking exception to the impugned judgment of conviction and order of sentence submits that the Sessions Court has not appreciated the evidence placed on record in correct perspective. The judgment suffers from surmises and conjectures. Learned counsel for the appellant further submits that the appellant has been mainly convicted under Section 307 of IPC for causing injury by means of gun-shot to injured Vinod

and out of 10 years he has undergone six years of jail incarceration. He was aged about 57 years at the time of incident and now he is aged about 70 years. However, firearm was recovered from him but same was not sent for ballistic examination as represented in para 142 of the judgment. Learned counsel for the appellant also submits that the appellant is innocent and has falsely been implicated in the case. This Criminal Appeal is of the year 2023 and there is no likelihood of hearing of this Appeal in near future. Under such circumstances, appellant prays for suspension of sentence and grant of bail.

Learned counsel for the respondent-State as well as counsel for the objector opposed the prayer and prayed for dismissal of the application.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case, regard being had to the fact that appellant No.2 is aged around 70 years, coupled with the fact that the appeal which is of the year 2023 is not likely to be decided in the near future, in the obtaining facts and circumstances, we are of the view that present appellant is entitled to the benefit of suspension of sentence and grant of bail.

Accordingly, I.A.No.9123 of 2024 stands allowed and it is directed that jail sentence of appellant No. 2-Kiledar Gurjar shall remain suspended during pendency of the present appeal and he shall be released on bail subject to verification of the factum of depositing the fine amount and on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the Trial Court.

Appellant No. 2- Kiledar Gurjar is directed to appear before the Registry of this Court first on 09.09.2024 and on other subsequent dates as may be fixed in this behalf.

Accordingly, the IA stands allowed and disposed of.

    (VIVEK RUSIA)                                 (RAJENDRA KUMAR VANI)
       JUDGE                                              JUDGE

 Monika

MONIKA SHARMA
2024.05.14 18:11:37
+05'30'