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Judgment
Deepak Kumar Agarwal, J
Heard on IA No.7972/2022, second application under Section 389 of CrPC filed on behalf of appellants for suspension of sentence and grant of bail. His first application for suspension of sentence was dismissed as withdrawn on 05.04.2022.
Vide judgment dated 13.07.2022 passed by First Additional Sessions Judge Dabra District Gwalior in Sessions Trial No.36/2015, the appellants have been convicted as under:-
Sections (IPC)
Imprisonment
Fine
307/34 of IPC
Seven Years R.I.
Rs.3000/- with default stipulation for three months
In brief prosecution case is that on 26.04.2013 at 10:15 pm appellant Mithun alongwith Pappi Jatav, Mahesh Jatav, Gabbar Jatav came to the house of complainant Chhotu alias Santram and due to previous enimity started abusing him with filthy languages. When he objected, Pappi fired with countrymade pistol on him. Bullet hit on his left thigh. Appellant Mithun assaulted with Sariya on his left shoulder. He fell down. When his brother Kailash came to intervene, Gabbar assaulted him with Lathi. Afterwards when Ramdevi came to intervene, Majesh Jatav and Pappi Jatav assaulted her with fist blows. On his report Crime No. 36/2015 for the offence punishable under Sections 307, 323, 294 of IPC was registered at Police Station Dabra. After investigation, charge-sheet was filed for the aforesaid offences. After trial, appellant-Mithun Jatav was sentenced to undergo seven years R.I. with fine of Rs.3000/-. During trial appellant was in custody for seven days and since the date of judgment i.e. 13.01.2022 appellant is in custody.
From the side of appellant it is submitted that that appellant is not main assailant. Pappi Jatav caused grievous firearm injury to the injured. Since appeal is of 2022, final hearing will take time.
Therefore, prays for suspension of sentence.
On the other hand, the application is vehemently opposed by the State Counsel and the counsel for complainant.
Considering the facts and circumstances of the case, the application for suspension of sentence is allowed. Subject to verification of fine amount amount deposited by the appellant and on furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court/CJM/Remand Magistrate (whosoever is available) the remaining jail sentence of the appellant shall remain suspended and he shall be released on bail.
This order shall remain in force till conclusion/final disposal of the present appeal.
The appellant shall now appear before the Registry of this Court on 26th September, 2022 and on all other subsequent dates as may be fixed by the Registry in this regard.
CC as per rules.