Madhya Pradesh High Court
Girraj Sharma vs The State Of Madhya Pradesh on 11 January, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9117 of 2022
(GIRRAJ SHARMA Vs THE STATE OF MADHYA PRADESH)
Dated : 11-01-2023
Shri Ashish Singh Jadoun, learned counsel for appellant.
Shri Avneesh Singh, learned Public Prosecutor for State.
Shri Rajiv Jain, learned counsel for respondent [COMP].
Heard on I.A.No.18181/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Girraj Sharma.
This criminal appeal has been filed against the judgment dated 16.09.2022 passed in S.T.No.136/2020 by Seventh Additional Sessions Judge Guna whereby appellant has been convicted and sentenced under Section 304 Part II of IPC for seven years RI with fine of Rs.500/-, under Section 25(1-B)(A) of Arms Act for two years RI with fine of Rs.500/- and under Section 27 of Arms Act for three years RI with fine of Rs.500/- with default stipulation.
The allegation against present appellant is that on the date of incident i.e. 20.07.2020 at about 9 pm, there was a family function in-front of house of Shishupal. A gunshot was fired in the celebration by the appellant (harsh firing) which was not deliberate and intentional rather accidental. Son of the complainant sustained firearm injury in the harsh firing made by the appellant. Son of the complainant was brought to the hospital where doctor declared him dead.
It is submitted by counsel for the appellant that the appellant is innocent. The appellant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court. During trial, 2 appellant remained in custody from 21.07.2020 to 17.02.2022 and from 17.05.2022 he is in custody. Appeal is of the year 2022 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.
On the contrary, learned counsel for the State opposed the application and prayed for its rejection.
Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.18181/2022 is allowed.
It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 8 th May 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.
Application (I.A. No.18181/2022) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.
Certified copy/e-copy as per rules/directions.
Digitally signed by YOGENDRA (DEEPAK KUMAR AGARWAL) OJHA JUDGE Date: 2023.01.12 10:26:30 +05'30' ojha