Parasram vs The State Of Madhya Pradesh
2024 Latest Caselaw 14288 MP

Madhya Pradesh High Court

Parasram vs The State Of Madhya Pradesh on 15 May, 2024

Author: Vishal Mishra

Bench: Vishal Mishra

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 4503 of 2023
                                         (PARASRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-05-2024
                                Shri L.N. Sakle - Advocate for appellants.

                                Shri Amit Pandey - Panel Lawyer for the respondent/State.

Heard on I.A.Nos.15491 of 2023 and 15492 of 2023 - applications for seeking permission to compound the offence.

Counsel for the appellants fairly submits that the parties have not

compromised in the matter, therefore, the same has rendered infructuous.

Accordingly, I.A.Nos.15491 of 2023 and 15492 of 2023 are dismissed as rendered infructuous.

Also heard on I.A.No.9089 of 2024 - an application for suspension of jail sentence and grant of bail has been filed by the appellant No.4/Vishal.

This criminal appeal assails the judgment dated 20.03.2023 passed in Sessions Trial No.14/2018 by the learned First Additional Sessions Judge, Khandwa, District Khandwa (M.P.) whereby the accused No.4/appellant No.4- Vishal has been convicted under Sections 148 and 452 of the Indian Penal

Code and sentenced to undergo R.I. for 1-1 year and fine of Rs.500/- and 1,000/- respectively and under Section 307 r/w Section 149 (03 counts) of the IPC and sentenced to undergo R.I. for 05 years (for each counts) and fine of Rs.1,000/- (for each counts), with default stipulations.

It is argued that the appellant is in custody since the date of judgment i.e. 20.03.2023. He is on bail and has never misused the liberty granted by the court. There are omnibus allegations against all the accused persons including the appellant No.4/Vishal. He has drawn attention of this court to the MLC

report of the injured person and has pointed out that the doctor has opined the injuries to be simple in nature therefore, virtually no offence under Section 307 of the IPC is made out. He has drawn attention of this court to the statement of Dr. Kamal Singh Sedaw (PW-6) and argued that the injuries were not dangerous to life. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. On these grounds, he prays for grant of bail.

P e r contra, learned counsel appearing for the State has vehemently opposed the contentions stating therein that there is active participation of the appellant No.4/Vishal in commission of offence. He has drawn attention of this

court to the MLC report of the injured person which shows that the injuries inflicted on the vital part of the body. It is argued that there is a query report obtained from the concerning doctor wherein he has categorically stated that the injuries were dangerous to life. The MLC cannot be said to be the conclusive piece of evidence. The entire evidence is required to be considered. The query was obtained from the concerning doctor itself to clarify the nature of injuries wherein he has clearly pointed out that the injuries were dangerous to life. He has prayed dismissal of the application.

Considering the facts and circumstances of the case as well as the query report and the nature of injury which has been caused on the vital part of the body of the injured, this court does not deem it appropriate to allow this application at this stage, looking to the custody period of the appellant No.4/Vishal.

Accordingly, I.A.No.9089 of 2024 is hereby rejected.

(VISHAL MISHRA) JUDGE SSL