Madhya Pradesh High Court

Girraj vs The State Of Madhya Pradesh on 1 April, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                                   1

                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 4661 of 2017
                                                (GIRRAJ Vs THE STATE OF MADHYA PRADESH )
                           Dated : 01/04/2025
                                 Shri Pradeep Shrivastava-Advocate for appellant.
                                 Shri D.S.Kushwaha-AAG for respondent/State.

Shri Vikas Saxena-Advocate for complainant.

1. Heard on I.A.No.23302/2024, fourth repeat application for suspension of sentence on behalf of appellant-Girraj. under Section 389(1) of Cr.P.C.

2. The instant appeal has been preferred by present appellant against the impugned judgment of conviction and sentence dated 07/09/2017 passed in ST No.199/2012 by Fifth Additional Sessions Judge, District Morena (M.P.); whereby, present appellant has been convicted as under :-

                                     Section                 Imprisonment                  Fine
                              302/149 of IPC                       Life         Rs.5,000/- with default
                                                              Imprisonment            stipulation
                              302 of IPC                           Life         Rs.5,000/- with default
                                                              Imprisonment            stipulation
                              307/149 of IPC                  10 Years' R.I.    Rs.1,000/- with default
                                                                                      stipulation
                              148 of IPC                      02 Years' R.I.    Rs.1,000/- with default
                                                                                      stipulation
                              25(1-B)(a) of Arms Act          03 Years' R.I.    Rs.1,000/- with default
                                                                                      stipulation
                              27 of Arms Act                  03 Years' R.I.    Rs.1,000/- with default
                                                                                      stipulation

3. It is the submission of counsel for appellant that trial Court erred

in convicting the appellant and awarding jail sentence without appreciating the evidence and material available on record. He further raised many grounds on merits including the range fromwhere firearm was used to inflict injury to the deceased. However, he submits that present appellant has already suffered around 11 years of actual incarceration including pre and post trial confinement and hearing of appeal shall take substantial time. He has to take care of his three children because of the suicide committed by his wife and they are rendered homeless. He has a good case on merits. He undertakes to abide by the terms and conditions as imposed by this Court. Under such circumstances, he prays that looking to the period of custody he suffered, his case may be considered for suspension of sentence.

4. Learned counsel for respondent/State as well as complainant opposed the prayer and prayed for dismissal of application. However, they could not dispute the period of custody suffered by present appellant.

5. Considering the submissions advanced by counsel for parties and especially looking to the period of custody suffered by present appellant which is around 11 years including the pre and post trial confinement, this Court, without expressing any opinion on merits of the matter, intends to allow the application for suspension of sentence (I.A.No.23302/2024).

6. If appellant - Girraj furnishes bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one solvent surety of the like amount to the satisfaction of the trial Court that he shall appear before the Principal Registrar of this Court on 25/06/2025 and thereafter, on all other subsequent dates as may be fixed by the Office for appearance, then he shall be released on bail and execution of jail sentence is suspended till disposal of this appeal, subject to deposit of

fine amount.

7. I.A.No.23302/2024 stands allowed and disposed of.

8.Appellant shall not be a source of embarrassment and harassment to the complainant side in any manner and shall not involve in any criminal activity in future; otherwise, benefit of bail given today by way of suspension of sentence shall be withdrawn immediately.

9. A copy of this order be sent to the trial Court concerned for compliance and information.

10. Certified copy as per rules/directions.

(ANAND PATHAK) (HIRDESH) JUDGE JUDGE (Dubey)