Madhya Pradesh High Court
Amit Vishwakarma @ Ammu vs The State Of Madhya Pradesh on 20 February, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
1 CRA-1270-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1270 of 2024
(AMIT VISHWAKARMA @ AMMU Vs THE STATE OF MADHYA PRADESH )
Dated : 20-02-2025
Shri Ghanshyam Sharma - Advocate for the appellant.
Shri Sumit Raghuvanshi - Public Prosecutor for the respondent/State.
Shri N.K. Tiwari - Advocate for the objectors.
Heard on I.A. No.806 of 2025 , second application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant- Amit
Vishwakarma @ Ammu. His earlier application for suspension of sentence and
grant of bail being I.A. No.1865 of 2024 was dismissed as withdrawn vide order
dated 13.08.2024.
This criminal appeal assails the judgment dated 23.12.2023 passed by 23 rd
Additional Sessions Judge Bhopal in S.T. No.277 of 2018, whereby the appellant
has been convicted under Section 307 r/w Section 34 of IPC (for injured Golu
Jogi) and sentenced to undergo RI for 5 years with fine of Rs.500/-, under Section
307 r/w Section 34 of IPC (for injured Raju Chauhan) and sentenced to undergo
RI for 5 years with fine of Rs.500/- and under Section 25(1-B)(B) of Arms Act
and sentenced to undergo RI for 1 year with fine of Rs.500/- with default
stipulations.
This repeat application has been filed on the ground that appellant had not
caused any injury to the injured persons. It is argued that incident had taken place
all of a sudden. There was no pre-intention to inflict any injury. Even otherwise,
fatal injury has been caused by the other co-accused persons. He has drawn
attention of this Court to the statements of injured witnesses PW-1 and PW-2. It is
2 CRA-1270-2024
argued that the appellant was armed with knife and has caused injury on the
temporal region, however injury was not grievous in nature. It is submitted that
matter has already been compromised between the parties. Appellant has already
undergone jail sentence from 03/01/2018 to 18/05/2018 i.e. around four months
during trial and further since the date of judgment i.e. 23/12/2023. It is argued that
as the total conviction is for 5 years, therefore in terms of the judgment passed by
Hon'ble Supreme Court in large number of cases wherein it has been held that if
the sentence is for a fixed term, then normally the application for suspension of
sentence should be allowed, the appellant is also entitled for grant of bail. There is
no likelihood of early hearing of the appeal in near future. The appellant is ready
to abide by all the terms and conditions that may be imposed by this Court while
considering the application for suspension of sentence and grant of bail.
Learned Public Prosecutor for the State has vehemently opposed the
application. he has drawn attention of this Court at paragraph 22 of the judgment
wherein the injuries inflicted on the temporal region ad-measuring 3x0.5 cm and
4x1 cm were found on the injured. He has further drawn attention of this Court to
the statements of PW-1 and PW-2 who had categorically stated about the injuries
by means of knife by the present appellant. There is active participation of the
appellant in commission of offence, therefore no case for grant of bail is made
out.
Learned counsel appearing for the complainant has fairly submitted that as
the incident has taken place all of a sudden without there being any pre-meeting of
minds coupled with the fact that they have settled the dispute and have entered
into the compromise, he has no objection for grant of bail to the appellant.
Considering the overall facts and circumstances as well as the fact that the
appellant is a young boy and has already undergone the custody period of around
3 CRA-1270-2024
one year and six months out of total sentence of 5 years, without commenting
upon the merits of the case, this Court deems it proper to suspend the remaining
jail sentence of the appellant - Amit Vishwakarma @ Ammu.
Accordingly, I.A. No.806 of 2025 , is allowed. Subject to depositing the
fine amount (if not already deposited), the remaining jail sentence of the appellant
is hereby suspended and it is directed that the appellant - Amit Vishwakarma @
Ammu be released on bail on his furnishing a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like
amount to the satisfaction of the trial Court with a further direction to appear
before the concerned trial Court on 21st April, 2025 and also on such other dates
as may be fixed by the trial Court in this regard during the pendency of this
appeal.
List for final hearing in due course.
Certified copy as per rules.
(VISHAL MISHRA)
JUDGE
Shbhnkr
