Madhya Pradesh High Court
Kailash vs The State Of Madhya Pradesh on 20 November, 2025
1 CRA-4829-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 4829 of 2025
(GANESH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
CRA/4366/2025
Dated : 20-11-2025
Shri Vishal Sharma - Advocate for the appellants.
Shri H.S.Rathore - Government Advocate for the respondent/State.
Per : Justice Binod Kumar Dwivedi
Learned counsel for the appellants prays for withdrawal of
I.A.No.14755/2025 an application for temporary suspension in
Cr.A.No.4829/2025 filed on behalf of the appellants-Gajesh Harijan, Vikram
Harijan and Mahesh @ Gudda Harijan.
Prayer is allowed.
Accordingly, I.A.No.14755/2025 is dismissed as withdrawn.
Heard on I.A.No.6766/2025, first application under Section 430 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 389(1) of
Cr.P.C.) for suspension of remaining jail sentence and grant of bail on behalf
of the appellants no.3 and 4- Mahesh @ Gudda Harijan and Ritesh Harijan
and I.A.No.5997/2025 first application under Section 430 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (equivalent to Section 389(1) of Cr.P.C.) for
suspension of remaining jail sentence and grant of bail on behalf of the
appellants no.2, 3 and 4-Ravindra Harijan, Rajesh Harijan and Gorabai
Harijan .
The appellants stand convicted under Sections 148,302/149,324/149 of
Indian Penal Code, 1860 and sentenced to undergo one year R.I. with fine of
2 CRA-4829-2025
Rs.500/-, Imprisonment for Life with fine of Rs.2,000/- one year RI with fine
of Rs.500/- respectively with usual default stipulation.
As per prosecution case, on 05.11.2021 injured Raja who died due to
blow of knife was referred to district hospital, Khargone from where
information to Police Station Barud was received about this. In dehati nalishi
the complainant Shyamlal narrated about the incident that at about 1:30 P.M.
Umrao along with members of his family on account of parking of trolly
picked up some dispute which was reported to the police and due to enmity
of this incident on the same day in the night at about 8:30 P.M. when brother
Pappu and nephew Raja were at home, accused Vikram, Ganesh Ghatia @
Mahesh along with Ravindra Rajesh, Ritesh Pankaj Gaurabai, Kailsh and
Umarao constituted unlawful assembly came there and hurled filthy abuses
and when this was objected by his brother Pappu and nephew Raja, Vikram
and members of his family attacked them with lathi, danda, sariya, bricks,
stones and kicks and fists. Ganesh stabbed Raja by knife on his back and
waist and Pappu was stabbed on his head. This caused him bleeding injuries.
When hue and cry was raised, the appellants fled away. The injured were
taken to Khargone hospital where Raja succumbed to his injuries. On this
information offence at Crime No.291/2021 under Sections 302, 323,147,
148 and 149 of IPC was registered. After investigation Section 307 was
added.
Learned counsel for the appellants while taking exception to this
impugned judgment submits that appellants are innocent and they have been
falsely implicated in this matter. They have not assaulted the deceased.
3 CRA-4829-2025
Alletation of stabbing the deceased was on Ganesh. Trial Court has not
appreciated the evidence in its right perspective. There are material
contradictions and omissions in the statement of the witnesses. Impugned
judgment suffers from surmises and conjectures and has been passed
ignoring serious infirmities and anomalies. It is further submitted that they
are suffering jail incarceration since 06.11.2021 and there from the date of
judgment. The appeals being of the year 2025 are not likely to be heard
finally in near future. Appellants have fair chances of success in appeals.
Hence, under such circumstances prayer is made for suspension of jail
sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant. He has opposed the prayer on the ground that
after constituting unlawful assembly by the accused persons along with
deadly weapons they came to the house of the complainant side and picked
up quarrel and after grievously assaulting the injured Pappu and deceased
Raja and other persons, who have suffered injuries and in which deceased
succumbed to injuries. More than 12 injuries were caused by the appellants
on Raja therefore it cannot be said that these appellants have not assaulted
him. Appellants Mahesh and Ganesh have criminal record. On these
miscellaneous submissions learned counsel prays for dismissal of application
for suspension of sentence.
4 CRA-4829-2025
Heard and considered the rival submissions raised at bar and perused
the record.
We have considered the evidence available on record. It is a case
where the appellants armed with deadly weapons and after constituting
unlawful assembly went to the resident of complainant side, picked up
quarrel and stabbed deceased Raja and also assaulted injured Pappu. In case
of unlawful assembly, overt act of each and every person is not required.
In light of the aforesaid, we are of the considered view that no case for
suspension of sentence in the totality of the circumstances is made out.
Accordingly, I.A.No.6766/2025 and I.A.No.5997/2025 stand dismissed.
Certified copy as per rules.
(VIJAY KUMAR SHUKLA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
RJ
