Puneet vs The State Of Madhya Pradesh
2025 Latest Caselaw 1347 MP

Madhya Pradesh High Court

Puneet vs The State Of Madhya Pradesh on 9 July, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                               1                                  CRA-13235-2023
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                     CRA No. 13235 of 2023
                                                (PUNEET Vs THE STATE OF MADHYA PRADESH )



                         Dated : 09-07-2025
                               Shri Atul Gupta - Advocate for the appellant.
                               Shri Vijay Sundaram - Public Prosecutor for the respondent/State.

                               Heard on I.A.No.25425/2024, first application under Section 389(1) of
                         Cr.P.C. on behalf of sole appellant Puneet 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' Rs.1,000/- with default stipulation Act R.I.

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

2 CRA-13235-2023 trial confinement. It is further submitted that role of present appellant is referred as omnibus allegations. Although weapon has been recovered from the person of present appellant but no role is specifically attributable over the present appellant so far as infliction of gun shot injury is concerned. They are different set of accused who opened fire over the deceased/injured. No prosecution witness has deposed against present appellant with the submission that he caused injury by fire arm to any specific deceased/injured person. Therefore, it is a case of over implication. According to learned counsel for the appellant, case of appellant stands at par with the case of Brij Mohan @ Gunthe and Kalyan @ Kalli, who have been granted benefit of suspension of sentence and grant of bail. Present appellant has already

suffered sufficient period of jail sentence. 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.25425/2024 filed on behalf of sole appellant Puneet 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

3 CRA-13235-2023 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 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 I.A. 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