Shubham Thakur @ Gode vs The State Of Madhya Pradesh
2025 Latest Caselaw 3187 MP

Madhya Pradesh High Court

Shubham Thakur @ Gode vs The State Of Madhya Pradesh on 22 January, 2025

                                                             1                               CRA-6151-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 6151 of 2024
                                        (SHUBHAM THAKUR @ GODE Vs THE STATE OF MADHYA PRADESH )



                           Dated : 22-01-2025
                                 Shri Ashok Kumar Tiwari - Advocate for appellant.
                                 Miss Kshipra Gupta - Panel Lawyer for the respondent/State.

Appeal is admitted for the hearing.

Heard on I.A. No.12299/2024, which is an application under Section 389(1) of the Code of Criminal Procedure filed on behalf of appellant for

suspension of sentence and grant of bail.

This appeal is filed by the appellant being aggrieved of the judgment dated 13.05.2024 passed by the learned IV Additional Sessions Judge, District-Bhopal (M.P.) in ST No.20/2023 whereby appellant has been convicted for the offence punishable under Section 307/34 of Indian Penal Code and sentenced to undergo R.I. for 10 years along with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submits that in the FIR, the appellant is not named and it is only stated that Shanu @ Mota along with his two

friends came on the spot and Shanu assaulted with the knife. Thus, the name of the appellant is not mentioned in the FIR and in the Court statement also the victim- Subham Rajak (PW-14) has not mentioned that this appellant Shubham Thakur has done any overt act in furtherance of the common intention and Investigating Officer - Rajkumar Dubey (PW-15) in Para No.26 of his cross-examination has clearly stated that the complainant has

2 CRA-6151-2024 stated to him that Shanu along with two other persons has committed offence and he has not given the name or identity of two other persons. Hence, the appellant has been only convicted on the basis that he came on the motorcycle along with the main accused person. Hence, the appellant be released on bail and his jail sentence be suspended.

Learned counsel for appellant has further submitted that Shanu made love marriage with the sister of Subham Rajak, thus there was enmity between them, that is why he has been implicated in the case.

Learned counsel for the respondent/State submits that in the FIR, the victim has stated that three persons are involved and the appellant was present on the spot in furtherance of common intention. Hence, the application cannot be allowed and the appellant cannot be released on bail.

I have heard learned counsel for the parties and perused record of the case.

Looking to the facts and circumstance of the case, without commenting anything on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant. Accordingly, I.A No.12299/2024 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Shubham Thakur @ Gode is allowed and it is directed that he 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 concerning trial Court on

3 CRA-6151-2024 06.05.2025 and also on such other dates, as may be fixed by the trial Court in this regard during the pendency of this appeal. The trial Court shall not fix two dates in a year for his appearance till the final disposal of appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(DEVNARAYAN MISHRA) JUDGE

VB*