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Madhya Pradesh High Court
Shrichand vs The State Of Madhya Pradesh on 6 January, 2026
1 CRA-7244-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7244 of 2025
(SHRICHAND AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 06-01-2026
Mr. Sarvesh Kumar Jaiswal - Advocate for appellants.
Mr. Shivam Dubey - Panel Lawyer for State.
Heard on admission.
The appeal is admitted for hearing.
Also heard on I.A. No.17922 of 2025, which is a first application
under Section 389(1) of the Code of Criminal Procedure/430 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence and
grant of bail to present appellants.
This Criminal Appeal assails the judgment dated 22.07.2025 passed by
the learned Additional Sessions Judge, Chourai, District Chhindwara (M.P.),
in Sessions Trial No.142 of 2020, whereby the present appellants have been
convicted for offence punishable under Section 307/34 of the IPC and
sentenced to undergo seven years RI each and fine of Rs.2,000/- each, with
default stipulation.
Learned counsel for the present appellants has pointed out that the trial
Court has wrongly convicted the present appellants without proper
appreciation of facts of the case. It is submitted that the appellant has served
around eight months' incarceration. The learned trial Court has erroneously
been convicted the appellants under Section 307 of the IPC. As per the MLC
(Ex.D-5), the injured victim himself categorically refused to undergo X-ray
2 CRA-7244-2025
and CT scan examination and consequently no X-ray or CT scan reports are
available on record. The learned trial Court relying upon the testimony of Dr.
Chandra Shekhar (PW-7), has observed that there was a fracture on the
parietal region of the head. However, a careful perusal of the evidence of Dr.
Chandra Shekhar (PW-7) would reveal that he has merely opined that
looking to injury No.1, there appeared to be a possibility of fracture of the
parietal bone and on that basis alone he referred the injured for X-ray and CT
scan examination. Since the injured himself declined to undergo the said
radiological examinations, no medical evidence is available to conclusively
establish the existence of any fracture. In the absence of X-ray or CT scan
reports, it cannot be held that the injury was grievous in nature or dangerous
to life. At best, on the basis of the available medical evidence, the injury
suffered by the victim may be considered to be simple in nature. Moreover, it
has been caused by a lathi, therefore, the offence under Section 307 of the
IPC is not made out. According to the prosecution story, the injury was
inflicted by the main accused Kamlesh, who has expired during the pendency
of the trial. The role attributed to the present appellants is limited to having
merely caught hold of the hands of the victim and no overt act of causing
injury has been attributed to them. In view of the aforesaid facts, the nature
of medical evidence, the limited role assigned to the present appellants, and
considering the period of custody already undergone by them, it is submitted
that the appellants have a good case on merits. The final disposal of this
appeal with take considerable time. In view of the aforesaid submissions, it is
prayed that the remaining jail sentence of present appellant may be
3 CRA-7244-2025
suspended and he may be released on bail.
Per contra, learned counsel for State has vehemently opposed the
prayer made by the appellant.
Having heard the rival contentions of learned counsel for the parties,
perused the record and keeping in view the attending facts and circumstances
of case, but without expressing any opinion on the merits, I.A. No.17922 of
2025 is allowed. It is directed that subject to depositing the entire fine
amount, if not already deposited, and on furnishing a personal bond of
Rs.70,000/- (Rupees Seventy Thousand only) with a solvent surety in the
like amount to the satisfaction of the concerned trial Court, the remaining jail
sentence of present appellant shall remain suspended and he be released on
bail. The present appellant is further directed to mark his appearance before
the concerned trial Court on 20.04.2026 and on subsequent dates as may be
fixed by the trial Court in this regard till final disposal of this appeal.
List the case for final hearing in the month of February, 2026.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
THK
