Ashok vs The State Of Madhya Pradesh
2024 Latest Caselaw 27641 MP

Madhya Pradesh High Court

Ashok vs The State Of Madhya Pradesh on 1 October, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1                                 CRA-7844-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRA No. 7844 of 2024
                                          (ASHOK AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                          Dated : 01-10-2024
                                Shri Anshu Gupta - Advocate for the appellant.

                                Shri Rajendra Singh Yadav - Govt. Advocate for the respondent/State.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No.20468/2024 , which is first application for suspension

of sentence and grant of bail to the appellant- Ashok.

This Criminal appeal assails the judgment dated 27.06.2024 passed by the Third Additional Sessions Judge, Ganjbasoda, Vidisha(M.P.) in ST. No.51/2019, whereby the appellant has been convicted under Section 323/149 of IPC and Section 307/34 of IPC (on two counts) and sentenced him to undergo maximum 7-7 years RI with maximum fine of Rs. 1000/- 1000/- on each count, with default stipulation.

Learned counsel for the appellant argued that the Court below has wrongly convicted the appellant without appreciating the evidence. As per

the allegation and statements of prosecution witnesses appellant has inflicted lathi blow on the right knee of the injured Deep Singh, however, no injury was found on the right knee of Deep Singh as per Dr. N.S. Jatav (PW-10). Under these circumstances and in the light of the fact that appellant has already undergone one year incarceration and disposal of appeal is likely to take time, he is entitled to get benefit of suspension of jail sentence and

2 CRA-7844-2024 grant of bail.

Head learned counsel for the rival parties and perused the record. Considering the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I.A.No. 20468 of 2024 is allowed and the sentence of appellant- Ashok shall remain suspended subject to payment of fine amount as imposed by the trial court and on furnishing a personal bond in the sum of Rs.50,000/- along with one solvent surety in the like amount to the satisfaction of the trial Court.

The appellant shall appear before the Office of this Court on 10.12.2024 and other dates as may be fixed by this Office in this regard from time to time till final disposal of the instant appeal.

All the pending interlocutory applications for urgent hearing shall sand

disposed of.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

ar