Harbhajan vs The State Of Madhya Pradesh
2025 Latest Caselaw 244 MP

Madhya Pradesh High Court

Harbhajan vs The State Of Madhya Pradesh on 1 May, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                             1                               CRA-1852-2021
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRA No. 1852 of 2021
                                        (HARBHAJAN AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                          Dated : 01-05-2025
                                Shri Anand Kumar Gupta- Advocate for appellant.
                                Shri    D.S.    Kushwah-         Additional   Advocate       General   for
                          respondent/State.

Heard on I.A. No.7588/2025, which is third repeat application filed on behalf of appellant No.4- Pravesh under Section 389 (1) of Cr.P.C. for

suspension of jail sentence and grant of bail.

The present appellant stands convicted for the offence punishable under Section 302/149 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.1,000/- and under Section 148 of the IPC to undergo Rigorous Imprisonment for 1 year with fine of Rs.500/-, with corresponding default stipulations vide judgment of conviction and order of sentence dated 18.02.2021 passed by Additional Sessions Judge, Chachoda, District Guna in S.T. No.4/2014.

It is the submission of learned counsel for present appellant that the

trial Court erred in convicting the appellant and awarding jail sentence as referred above. Role of present appellant No.4- Pravesh as that of appellant No.3- Guddya is identical in nature and Guddya has been extended the benefit of suspension of sentence v i d e order dated 03.09.2024 (I.A. No.18054/2024). Even otherwise, role of present appellant is confined to inflict stone blow over the leg of the deceased and only one injury (lacerated

2 CRA-1852-2021 wound) was found over the body of the deceased. Appellant No.5-Lekhraj is the prime accused, who inflicted Farsa blow over the head of the deceased Ramlakhan. Besides that appellant has already suffered 04 years and 06 months' incarceration and fine amount has already been deposited. The appeal being of the year 2021 would take considerable time to conclude. Present appellant was on bail during trial and did not misuse the liberty granted to him. On such premise, learned counsel for the appellant prays for suspension of custodial sentence of appellant.

Learned Public Prosecutor opposes the prayer and prays for rejection of the application.

Heard. record perused.

Considering the submissions advanced and in view of the fact that co-

accused/appellant No.3- Guddya on the same allegation has been granted benefit of suspension of sentence (supra) and in the obtaining facts and circumstances of the case, I.A. is allowed. The execution of jail sentence of appellant No.4-Pravesh is hereby suspended and it is ordered that he be released on bail subject to depositing fine amount, if already not deposited, and on furnishing a personal bond of 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 the appellant to appear before the trial Court concerned on 30.07.2024 and also on such other dates, as may be fixed in this regard during the pendency of this appeal.

It is further directed that present appellant No.4- Pravesh shall not move in the vicinity of the complainant party and shall not be a source of

3 CRA-1852-2021 embarrassment and harassment to the complainant side in any manner, otherwise benefit of suspension of sentence shall automatically stands cancelled.

Certified copy as per rules.

                                  (ANAND PATHAK)                             (HIRDESH)
                                      JUDGE                                    JUDGE
                          *AVI*