Madhya Pradesh High Court
Nilesh vs The State Of Madhya Pradesh on 9 June, 2025
1 CRA-2053-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2053 of 2025
(NILESH AND OTHERS Vs THE STATE OF MADHYA PRADESH ) Dated : 09-06-2025 Shri Ritu Raj Bhatnagar - Advocate for the appellants.
Shri Apoorv Joshi - GA for State.
Shri Harshwardhan Singh Rathore - Advocate for Objector.
Heard on IA No.8062/2025, which is an application for urgent hearing during vacation.
IA No.8062/2025 is allowed.
Heard on I.A.No.4715/2025, which is an application under Section 430 of BNSS, 2023 (Section 389(1) of Cr.P.C) for suspension of remaining sentence on behalf of appellant filed on behalf of appellant No.2 Ganesh S/o Jagdish Kumawat, who has been convicted u/Ss.307/34 of IPC and Sec.323/34 of IPC (four counts) and sentenced to undergo five years RI with fine of Rs.3,000/- and three months RI for each count with fine of Rs.500/- each counts respectively with default stipulation by judgment dated 13.2.2025 passed by I Addl. Sessions Judge, Mandsaur in ST No.138/2019.
Learned counsel for appellant submits that as per the prosecution story the appellant was carrying sharp edged weapon at the time of alleged incident whereas no injured has sustained any injury from any sharp edged weapon and the appellant has been falsely implicated in the present case. He further submits that no specific overt act was alleged against the appellant and he has been convicted with the aid of Sec.34 of IPC. He further submits Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 09-06-2025 19:28:08 2 CRA-2053-2025 that the appeal will take considerable time in coming to a decision and during trial the appellant No.2 was on bail. He prays for grant of suspension of remaining jail sentence.
Learned GA as well as the counsel for Objector opposed the application on the ground that the trial court has categorically mentioned that the appellant No.2 was present at the spot and the other co-accused persons caused serious injuries to the victims. The appellant was rightly convicted u/Ss.307 and 323 of IPC with aid of Sec.34 of IPC and no case for grant of suspension is made out. They further submitted that the suspension application of co-accused Jagdish has already been dismissed.
Considering the fact that the allegation against the present appellant is that he was carrying a sharp edged weapon and no injury of sharp edged weapon was found on the body of any victim, case of the present appellant is different from the case of Jagdish, who was carrying lathi and the injuries were sustained by victims from hard and blunt object. There are bleak chances of final hearing of the appeal in near future, I deem it appropriate to suspend the remaining jail sentence of the appellant.
It is directed that subject to depositing the fine amount, if already not deposited, the appellant shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 31.07.2025 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.
Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 09-06-2025 19:28:083 CRA-2053-2025 The application for suspension of sentence stands allowed and disposed of.
List for final hearing in due course.
(VINAY SARAF) V. JUDGE VM Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 09-06-2025 19:28:08