Madhya Pradesh High Court
Harikishan Sharma vs The State Of Madhya Pradesh on 26 August, 2025
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 11029 of 2024
(HARIKISHAN SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 26-08-2025
Shri Rajesh Kumar Shukla- Advocate for appellants.
Shri B.P.S. Chauhan-Public Prosecutor for respondent/State.
Shri Rajkumar Singh Kushwaha-Advocate for complainant.
Heard on I.A.No.15575/2025, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.1-Harikishan Sharma (wrongly mentioned as Harishankar
Sharma in the said application).
Present appellant is facing sentence by virtue of judgment dated
26/07/2024 passed by First Additional Judge to the Court of First
Additional Sessions Judge, Bhind, District Bhind in ST No.271/2016;
whereby, he has been convicted and sentenced as under:-
Section Imprisonment Fine
307 of IPC 10 Years' R.I. Rs.10,000/- with default
stipulation.
It is the submission of counsel for appellants that trial Court erred in
convicting and awarding jail sentence to present appellant. He suffered
around 1 year of incarceration as pre and post trial confinement. As per the
case of prosecution and eyewitnesses account, present appellant Harikishan
Sharma opened fire over Subhash Sharma (PW-2). However, no injury was
sustained by him. Neither any spent bullet has been recovered from his
possession nor any weapon is seized from his possession. His role is
confined to wielding firearm only. This is a case of cross FIRs. From
appellants' side one Harendra succumbed to the injuries inflicted by
complainant's side. Therefore, a case against complainant side was also
registered for the offences punishable under Section 302 of IPC and
conviction has been recorded against some accused persons. It is further
submitted that prime accused in the case is Satyanarayan & Ramanand who
were exonerated in investigation only, as the Investigating Officer did not
find them present on the spot when incident took place. Even otherwise, he
is suffering confinement for offence under Section 307 of IPC with
allegations of presence only. Moreover, present appellant has good case on
merits and hearing of appeal shall take some time. Fine amount has already
been deposited. He undertakes to abide by the terms and conditions as
imposed by this Court. Under such circumstances, learned counsel for
appellants prays for suspension of sentence and grant of bail to present
appellant.
Per contra, counsel for respondent/State opposed the application and
prayed for its dismissal with submission that presence of present appellant
was referred by the witnesses on the place of incident while wielding
firearm.
Counsel for complainant also opposed the application with
submission that this is a case of cross FIRs and present appellant's side was
aggressor. Therefore, looking to the nature of allegations, he prayed for its
dismissal.
Heard learned counsel for the parties at length and perused the
record.
After considering the rival submissions raised by counsel for the
parties, especially looking to the fact that role of present appellant is
confined to presence only although wielding firearm but no injury has been
caused prima facie to any injured witness, without expressing any opinion
on merits of the case, this Court intends to allow the application for
suspension of sentence (I.A.No.15575/2025).
If appellant No.1-Harikishan Sharma 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 11/11/2025 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.15575/2025 stands disposed of, accordingly.
Present appellant shall mark his presence before concerned Police
Station on first Sunday of every alternate month between 10:30 am to
2:00 pm for the next two years i.e. till August, 2027.
Present appellant shall not be source of embarrassment and
harassment to the complainant/victim side in any manner and he
shall not move in their vicinity; otherwise, benefit of bail given today
by way of suspension of sentence shall be withdrawn immediately.
A copy of this order be sent to the trial Court concerned for
compliance and information.
Certified copy as per rules/directions.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
(Dubey)
