Ritesh Sharma vs The State Of Madhya Pradesh
2025 Latest Caselaw 3709 MP

Madhya Pradesh High Court

Ritesh Sharma vs The State Of Madhya Pradesh on 8 August, 2025

                                                              1                                CRA-7141-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 7141 of 2025
                                             (RITESH SHARMA Vs THE STATE OF MADHYA PRADESH )



                           Dated : 08-08-2025
                                 Shri Narendra Kumar Sharma - Advocate for the appellant.
                                 Shri Himanshu Soni - Panel Lawyer for the respondent/State.

Heard on admission.

Appeal, being arguable, is admitted for hearing. Also heard on I.A. No.17688 of 2025, first application under Section

430 of BNSS, 2023/389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant.

2. This Criminal Appeal assails the judgment dated 14.07.2025 passed in Sessions Trial No.515/2022 by the XXI Additional Sessions Judge, District Bhopal, whereby present appellant has been convicted under Section 307 of the IPC and sentenced to undergo five years R.I. with fine of Rs.10,000/- with default stipulation.

3. It is pointed out by counsel for the appellant that the present appellant has been falsely implicated in this case. There are material

contradictions and omissions in the statement of prosecution witness. It is further submitted that the initial information was received with regard to the fact that the injured Sourabh @ Bhadwat sustained internal injury in his brain. Dr. Shashank (PW/4) in his statement has also admitted that the injury sustained by the injured may be occurred due to falling also. His statement also revealed that at the time of medical examination, the injured

2 CRA-7141-2025 was found intoxicated. It is further submitted that the injured himself sustained injuries on his person, except the evidence of injured, no other eyewitness has been examined by the prosecution. It is submitted that complainant Vivek Tiwari (PW-2) is not an eye-witness to the incident inasmuch as he reached on the spot after the incident was over. The trial Court has also relied upon the Article A-1 (C.D.), but it is also revealed from the statement of Santosh (PW/9) that the persons in C.D. could not be identified. It is further submitted that there is no likelihood of this appeal being heard finally in near future. The appellant is ready to abide by any condition which may be imposed by this Court. Therefore, it is prayed that the appellant is entitled to be given the benefit of suspension of sentence.

4 . Per contra, learned counsel for the State has vehemently opposed

the application and prayed for its rejection.

5. Heard learned counsel for the parties and perused the record.

6. Considering the overall facts and circumstances of the case as well as the submissions advanced by learned counsel for the parties, but without commenting on merits of the case, I.A. No.17688/2025 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.70,000/- (Rupees Seventy thousand Only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant shall remain suspended and he be released on bail. The present appellant is further directed to mark his appearance before the concerned trial Court on 06.10.2025 and on subsequent dates given by the learned trial Court in this regard, till final

3 CRA-7141-2025 disposal of this appeal.

List this case for final hearing in due course.

Certified copy today.

(RAJENDRA KUMAR VANI) JUDGE

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