[Cites 8, Cited by 0]
Madhya Pradesh High Court
Rammohan Tiwari vs The State Of Madhya Pradesh on 17 December, 2025
1 CRA-3538-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3538 of 2025
(RAMMOHAN TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 17-12-2025
Shri Manish Datt - Senior Advocate with Shri Shubham Mishra -
Advocate for appellants.
Smt. Nupur Dhamija - Public Prosecutor for State.
Heard on admission.
The appeal is admitted for hearing.
Also heard on I.A. No.8245 of 2025, which is first application under
Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023/389(1) of
the Code of Criminal Procedure for suspension of sentence and grant of bail
to present appellants.
This Criminal Appeal assails the judgment dated 24.03.2025 passed by
the learned Second Additional Judge to the Court of Additional Sessions
Judge, Bareli, District Raisen in Sessions Trial No.26 of 2022, whereby the
appellants have been convicted under Sections 307 and 323/34 (on two
counts) of the IPC and sentenced to undergo RI for five years and fine of
Rs.2,000/- each and RI for six months and fine of Rs.500/- each respectively
with default stipulations.
It is pointed out by learned counsel appearing on behalf of the present
appellants that the learned trial Court has erroneously convicted the
appellants without proper appreciation of the facts and evidence on record. It
is submitted that during trial appellant No.1 Rammohan Tiwari has suffered
2 CRA-3538-2025
incarceration of seven months, appellant No.2 Ashish Tiwari has suffered
incarceration of five months. After conviction, all the appellants have been
in custody since the date of judgment i.e. 24.03.2025. As such appellant No.1
has suffered around one year and three months, appellant No.2 has suffered
one year and appellant No.3 has suffered nine months of incarceration. It is
further submitted that initially Dr. Satish Uikey (PW-10) has examined
injured Gopal and has found no fracture on his head and the injuries were
simple in nature. Thereafter, Dr. Pawan Singh (PW-14) has examined the
victim and found that there was a hairline fracture on the left temporal bone
and he has stated that it was a grievous injury. He has also opined that expect
the injury which was grievous in nature, the other injuries were fatal and
dangerous to life. He admitted in his cross-examination that he has not a
radiologist nor MRI and CT scan expert, then how he has given such opinion
is not clarified by the prosecution.
Moreover, Dr. Jayesh Kumar Sirohiya (PW-18) and Dr. Mustafa (PW-
13) have examined the victim and they have never stated that the injuries
found on the person of the victim is found to be grievous or dangerous to
life. Therefore, medical evidence in this respect is contradictory. The case
falls under Section 324 of the IPC, but they have been convicted under
Section 307 of the IPC, which is erroneous. It is further submitted that final
disposal of this appeal will take considerable time. He is ready to comply
with the conditions as may be imposed by this Court. In view of the
aforesaid, the remaining jail sentence of present appellant may be suspended
and he may be released on bail.
3 CRA-3538-2025
Per contra, learned counsel for State has vehemently opposed the
prayer of bail and prayed for rejection of application.
Having heard the contentions of learned counsel for the parties,
perused the record and keeping in view the attending facts and circumstances
of case, but without expressing any opinion on the merits, I.A. No.8245 of
2025 is allowed. It is directed that subject to depositing the entire fine
amount, if not already deposited, and on furnishing a personal bond of
Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like
amount to the satisfaction of the concerned trial Court, the remaining jail
sentence of present appellant shall remain suspended and he be released on
bail. The present appellant is further directed to mark his appearance before
the trial Court of this Court on 23.03.2026 and on subsequent dates as may
be fixed by trial Court in this regard, till final disposal of this appeal.
List the case for final hearing in due course.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
THK
