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Madhya Pradesh High Court
Sahil Choudhary vs The State Of Madhya Pradesh on 20 February, 2026
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 CRA-7964-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7964 of 2025
(SAHIL CHOUDHARY AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 20-02-2026
Mr. Manoj Kushwaha - learned counsel for the appellants.
Ms. Neetu Pasine - learned P.L. for the respondent/ State.
Head on I.A. No. 19764 of 2025, which is first application on behalf of
appellant No.1 Sahil Chaudhary and appellant No.2 Rajesh Chaudhary under
Section 430 of BNSS, 2023 for suspension of sentence and grant of bail.
This appeal is filed by the appellants being aggrieved of the judgment
dated 7.8.2025 passed by the learned Second Additional Sessions Judge,
Distt. Satna in S.T. No. 173/2024 whereby the learned Trial Court has
convicted the appellant No.1 Sahil Chaudhari under Section 307/34 of IPC
and sentenced to R.I. for 5 years with fine of Rs.2,000/-; Section 25(1-b)a of
the Arms Act and sentenced to R.I. for 3 years with fine of Rs.2,000/-;
Section 27(1) of the Arms Act and sentenced to R.I. for 3 years with fine of
Rs. 2,000/- along with default stipulations. The Trial Court has convicted
appellant No.2 Rajesh Chaudhari under Section 307/34 of IPC and sentenced
him to undergo R.I. for 5 years with fine of Rs. 2,000/- along with default
stipulations.
Learned counsel for the appellants submits that the appellants are
innocent and have been falsely implicated in this case. It is submitted that a
false case has been heaped upon the appellants and the Trial Court has not
appreciated the evidence properly.
2 CRA-7964-2025
On the other hand, learned counsel for the State supports the impugned
judgment but fairly admits that in Ex. P/12 injury has been written as simple.
On perusal of the record it is seen that appellant No.1 Sahil Chaudhary
was in custody from 30.04.2024 to 13.11.2024 and appellant No.2 Rajesh
Chaudhary was in custody from 30.04.2024 to 19.06.2024 and after the
impugned judgment on 7.8.2025 they are in jail.
On perusal of the statement of prosecution witnesses especially P.W.1
Krishna Tiwari who has stated that due to dispute accused Rajesh caught him
and accused Sahil took out Katta and with intention to kill fired a shot which
hit his left thigh. P.W.6 Dr. Tushar Mishra in para 3 of his examination in
chief stated that general condition of the injured was normal. P.W. 8 is
Shashank Garg, Surgical Officer, stated that there was no fracture and
condition was normal and injury was not life threatening. In Ex. P/12 it is
written that injury was simple in nature. Final disposal of the appeal will take
time.
After hearing learned counsel for the parties and perusing the record,
this Court is of the considered opinion that it is a fit case to grant bail to the
appellants. Accordingly, I.A. No. 19764 of 2025 is allowed.
It is directed that if the appellants furnish personal bond in the sum of
Rs.1,00,000/- each with one solvent surety of Rs. 50,000/- each to the
satisfaction of the Trial Court for their appearance before the Registry of this
Court, then sentence passed against the appellants shall be suspended.
The appellant shall comply with the conditions as enumerated under
Section 480(3) of BNSS, 2023 :-
3 CRA-7964-2025
(a) that such person shall attend in accordance with the conditions of
the bond executed under this Chapter;
(b) that such person shall not commit an offence similar to the offence
of which he is accused, or suspected, of the commission of which he is
suspected; and
(c) that such person shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the Court or to any
police officer or tamper with the evidence.
List the case after four weeks before the roster Bench.
(AVANINDRA KUMAR SINGH)
JUDGE
VSG
