Brij Mohan @ Gunthe vs The State Of Madhya Pradesh
2025 Latest Caselaw 1344 MP

Madhya Pradesh High Court

Brij Mohan @ Gunthe vs The State Of Madhya Pradesh on 9 July, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                               1                                   CRA-14508-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                     CRA No. 14508 of 2023
                                    (BRIJ MOHAN @ GUNTHE AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                         Dated : 09-07-2025
                               Shri Pradeep Kumar Shrivastava - Advocate for the appellants.
                               Shri Vijay Sundaram - Public Prosecutor for the respondent/State.

                               Heard on I.A.No.27265/2024, second repeat application under Section
                         389(1) of Cr.P.C. on behalf of appellant No.1 Brij Mohan @ Gunthe for
                         suspension of sentence and grant of bail.

                               2. This criminal appeal assails the judgment dated 28.08.2023 passed
                         by Second Additional Sessions Judge, District Bhind (M.P.) in ST
                         No.94/2018; whereby, present appellant has been convicted and sentenced as
                         under :-


                              Section               Imprisonment                       Fine
                                                    01 year's R.I.
                              147 of IPC                             Rs.2000/- with default stipulation.

                              148 of IPC            02 years' R.I. Rs.2000/- with default stipulation.
                              302/149 of IPC (2     Life           Rs.5,000/- with default stipulation (2
                              counts)               Imprisonment counts).
                              307/149 of IPC (2                      Rs.5,000/- with default stipulation (2
                                                    7 Years' R.I.
                              counts)                                counts)
                                                                     Rs.2,000/- with default stipulation
                              506 (B) of IPC        1 year's R.I.
                                                                                 -

25 (1B) (a) of Arms 2 years' RI Rs.1,000/- with default stipulation Act

3 . It is the submission of counsel for present appellant that the trial Court erred in convicting and awarding jail sentence to present appellant. He has already suffered seven years' and ten months' of incarceration as pre and

2 CRA-14508-2023 post trial confinement. His role is confined to presence only and no specific role regarding gun shot injury is attributable over present appellant. His case stands at better footings than the case of co-accused Millu @ Arvind and Kalyan @ Kalli, who have been granted benefit of suspension of sentence and grant of bail. The final hearing of the appeal shall take some time and he has a good case on merits. He undertakes to abide by all terms and conditions as imposed by this Court. Under such circumstances, learned counsel prays for suspension of sentence and grant of bail to the present appellant.

4. Per contra, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the application.

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

6. Considering the submissions advanced as well as the facts and circumstances of the case, but without commenting on the merits of the case, I.A.No.27265/2024 filed on behalf of appellant No.1 Brij Mohan @ Gunthe stands allowed and it is directed that the jail sentence of present appellant shall remain suspended during pendency of the present appeal and he shall be released on bail subject to verification of the factum of depositing the fine amount and on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court concerned. The appellant is directed to appear before the Registry of this Court first on 26/09/2025 and on other subsequent dates as may be fixed in this behalf.

7 . Present appellant shall not be source of embarrassment and

3 CRA-14508-2023 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.

8. Present appellant shall mark his presence before concerned Police Station on first Sunday of every month between 10:30 am to 2:00 pm for the next one year i.e. till July, 2026.

9. Accordingly, the application stands disposed of.

10. Observations on facts, if any, are only for the purpose of deciding the instant IA and shall have no bearing on the merits of the appeal.

11. Copy of this order be sent to the trial Court concerned for information and necessary compliance.

                                (ANAND PATHAK)                            (RAJENDRA KUMAR VANI)
                                    JUDGE                                         JUDGE
                         SP