Mohanswaroop vs The State Of Madhya Pradesh
2025 Latest Caselaw 451 MP

Madhya Pradesh High Court

Mohanswaroop vs The State Of Madhya Pradesh on 7 May, 2025

                                                                    1                                     CRA-328-2025
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRA No. 328 of 2025
                                      (MOHANSWAROOP AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                         Dated : 07-05-2025
                               Shri Rajeev Upadhyay - learned counsel for the appellants.

                               Shri    Dinesh      Savita       -       learned     Public     Prosecutor        for   the
                         respondent/State.

Heard on the question of admission

2. The appeal being arguable, is admitted for final hearing.

3. Record of the trial Court has been received.

4. Also heard on I.A.No.465 of 2025 , first application under Section 430 of BNS/389 of Cr.P.C. for suspension of jail sentence and grant of bail filed on behalf of appellant No.2- Kiran Bai.

5 . This Criminal Appeal assails the judgment dated 17.12.2024 passed in ST. No. 263/2021 by First Additional Sessions Judge, Karera, District Shivpuri (M.P.), whereby appellant No.2- Kiran Bai has been convicted as under :

Fine Under Sections Imprisonment Imprisonment in lieu of fine Rupees 452 of I.P.C. 3 years R.I. 500/- 3 months R.I. 307/34 of 6 months R.I. 10 Years R.I. 2000/-

I.P.C.

323/34 of 3 months R.I 200/- 1 months R.I. I.P.C.

6. Learned counsel for the appellants submits that trial Court has wrongly convicted the appellant No.2 without proper appreciation of facts of

2 CRA-328-2025 the case as well as evidence on record. It is further submitted that as per prosecution story, appellant No.2 Kiran Bai armed with an iron rod ( sariya) caused marpeet with the complainant - Sachin and Rajkumari. The co- accused persons namely Mohan Swaroop armed with axe and Prabhakar Sharma armed with danda also caused marpeet with them but as per the medical report, only two injuries were found on the injured Sachin one on the head and the other on the shoulder. The injuries found on the body of Rajkumari were simple in nature. It is stated that had there been a injury caused by present appellant No.2 with sariya to injured Sachin there must have been some injury other than these two injuries which were caused by sharp cutting object and found as incised wound. It is clear that present appellant No.2 had caused no any injury to Sachin. Although, the injury

found on the person of injured Rajkumari may be attributed to the present appellant No.2 which is simple in nature; but at the most offence under Section 323 of the I.P.C. is made out against present appellant.

It further submitted that witness Pushpendra (PW/7) stated in his cross examination at para-5 that on the date of incident i.e. 23.5.2021 Sachin was admitted to the hospital and when he told him to lodge a report, he denied. The FIR was lodged after two days of the incident i.e. 25.5.2021 but no plausible explanation of such delay has been offered by the prosecution. Appellant No.2 has a good case on merits. She is ready to abide by any condition which may be imposed by the Court. Hearing of the appeal will take some time. On these grounds, he prays to suspend the jail sentence and grant of bail to the appellant No.2.

3 CRA-328-2025

7. Per contra, learned counsel for the State opposed the application and prayed for its rejection.

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

9. Having considered the arguments of learned counsel for the parties and attending facts and circumstances of the case, without commenting on merits of the case, I.A.No.465 of 2025 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac Only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant No.2- Kiran Bai . shall remain suspended and she be released on bail. The appellant No.2 is further directed to mark her appearance before the Registry of this Court on 16/06/2025 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

C.C. as per Rules.

(RAJENDRA KUMAR VANI) JUDGE

Ahmad