Madhya Pradesh High Court

Raju Suryawanshi vs The State Of Madhya Pradesh on 7 May, 2025

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

                                                           1                             CRA-1525-2025
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                CRA No. 1525 of 2025
                                        (RAJU SURYAWANSHI Vs THE STATE OF MADHYA PRADESH )



                           Dated : 07-05-2025
                                 Shri M.K. Gavane - Advocate for the appellants.
                                 Smt. Vinita Sharma - Panel Lawyer for the respondent-State.

Learned counsel for the appellants orally submits that there is a typographical error in the application that needs to be corrected.

The counsel for the appellants is permitted to carry out correction in the application during the course of the day as appellant nos.2 and 3 have been mentioned as appellant no.1 and 2 for which no formal application is required.

Record of the Court below is received.

Heard on the question of admission.

Admit.

Also heard on I.A. No.10416/2025, which is an application for suspension of sentence and grant of bail to appellant no.2 Rambharsoe

Suryawanshi and appellant no.3 Dalchand @ Dalu Suryawanshi.

The appellants have been convicted by the trial Court under Section 307/34 of IPC and sentenced him to undergo R.I. for 5 years each with fine of Rs.5000/- each with default stipulations.

Learned counsel for the appellant submits that the Courts below have not properly appreciated the oral and documentary evidence

2 CRA-1525-2025 available on record and committed error in convicting the appellant for aforesaid offences. It is contended by the counsel that the appellant no.2 Rambharsoe Suryawanshi and appellant no.3 Dalchand @ Dalu Suryawanshi facilitated the other appellant no.1 Raju Suryawanshi to commit the offence. It is contended by the counsel that appellant nos.2 and 3 have not assaulted the injured, which is evident from the testimonies of the prosecution witnesses. The injuries to the injured were caused by appellant no.1 Raju Suryawanshi and not by the appellant no.2 Rambharsoe Suryawanshi and appellant no.3 Dalchand @ Dalu Suryawanshi. It is contended by the counsel that during trial the appellant no.2 Rambharsoe Suryawanshi was in custody from 12.02.2022 to

19.07.2022 and thereafter from the date of judgment 25.01.2025 till date and appellant no.3 Dalchand @ Dalu Suryawanshi was in custody from 12.02.2022 to 22.06.2022 and thereafter from the date of judgment i.e. 25.01.2025 till date, therefore, the appellants be enlarged on bail.

Learned counsel for the State has opposed the prayer for suspension of sentence and grant of bail to the appellant and submitted that there are direct allegations against the appellants and the trial Court after due analysis of evidence has convicted the appellants hence, no case for grant of bail is made out.

Heard the submissions and perusal the record. A perusal of the record reflects that the the appellant no.2 Rambharsoe Suryawanshi and appellant no.3 Dalchand @ Dalu

3 CRA-1525-2025 Suryawanshi have not assaulted the injured. The injury was assaulted by appellant no.1 Raju Suryawanshi with the aid of shovel.

Thus, taking into consideration the totality of the facts and circumstances of the case and the period of sentence already suffered by the present appellant no.2 Rambharsoe Suryawanshi and appellant no.3 Dalchand @ Dalu Suryawanshi, this Court deems it proper to enlarge the appellants on bail. Accordingly, the application is allowed.

The execution of jail sentence of the appellant no.2 Rambharsoe Suryawanshi and appellant no.3 Dalchand @ Dalu Suryawanshi is hereby suspended subject to depositing the fine amount (if not already deposited) and on their furnishing personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 08.10.2025 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

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

(MANINDER S. BHATTI) JUDGE