Mahendra vs The State Of Madhya Pradesh
2025 Latest Caselaw 7876 MP

Madhya Pradesh High Court

Mahendra vs The State Of Madhya Pradesh on 16 April, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                                1

                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                   CRA No. 9221 of 2023
                                       (MAHENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH )


                           Dated : 16-04-2025
                                 Shri Nitin Sharma-Advocate for appellants.
                                 Shri Vijay Sundram-Public Prosecutor for respondent/State.

Shri Akhand Pratap Singh-Advocate for complainant. Further heard on I.A.No.6855/2025, first application for suspension of sentence on behalf of appellant No.2-Sukhveer under Section 389(1) of Cr.P.C.

Present appellant is facing sentence by virtue of judgment dated 18/05/2023 passed by Additional Sessions Judge, Lahar to the Court of Additional Sessions Judge, Lahar, District Bhind in ST No.35/2019; whereby he has been convicted and sentenced as under:-

                                     Section               Imprisonment               Fine
                              148 of IPC                    3 Years' R.I..    Rs.2000/- with default
                                                                                   stipulation
                              307/149 of IPC                     Life         Rs.5000/- with default
                                                            Imprisonment           stipulation.
                              302/149 of IPC                     Life         Rs.5000/- with default
                                                            Imprisonment           stipulation.
                              27 of Arms Act                 7 Years' R.I.    Rs.2000/- with default
                                                                                   stipulation.

It is the submission of counsel for appellants that trial Court erred in convicting the present appellant and awarding jail sentence without appreciating the evidence and material available on record. It is further submitted that according to prosecution case, co-accused Kapil Singh fired gunshot causing injury to deceased Ravindra. Ravindra has

sustained only one gunshot injury but later on he expired. The allegations are that other co-accused persons including the present appellant fired indiscriminately and one gunshot hit Jitendra Singh. It is submitted that Jitendra Singh (PW-6) has turned hostile on the question of identity. It is further submitted that Coordinate Bench of this Court vide order dated 21/03/2025 (I.A. No.4007/2025) passed in connected Cr.A. No.9200/2023 has granted benefit of bail by way of suspension of sentence to similarly placed co-accused Kundan Singh Rajput under similar facts and circumstances and case of present appellant is identical to him. He seeks parity in treatment. That apart, he has a good case on merits and hearing of appeal shall take some time. Fine amount has already been deposited. He undertake to abide by the terms and conditions as imposed by this Court. On these grounds, he prays for grant of suspension of sentence and bail.

Learned Government Advocate for respondent/State as well as complainant opposed the prayer and prayed for dismissal of application. However, they could not point out any distinguishable feature from the case of co-accused Kundan Singh Rajput.

Considering the arguments advanced by counsel for the parties and the factum of parity vis-a-vis co-accused namely Kundan Singh Rajput, without commenting on merits of the case as there is no possibility of early hearing of this criminal appeal, this Court intends to allow the application for suspension of sentence (I.A.No.6855/2025).

If appellant No.2-Sukhveer furnishes bail bond in the sum of Rs.25,000/- (Rupees Twenty Five 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 29/08/2025 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.

I.A.No.6855/2025 stands allowed and disposed of, accordingly. A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules/directions.

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