Anand Sharma And Others vs State Of Madhya Pradesh

Anuradha Shukla, J

Heard on I.A.No.8355/2026, which is an application filed under section 397(1) of Cr.P.C./438 of B.N.S.S., 2023 on behalf of the applicants for suspension of sentence and grant of bail.

Both the applicants in this case were convicted by the trial Court for the offence under Sections 323 and 325 of IPC and sentenced till rising of Court with fine of Rs.500 and 1 year RI with fine of Rs.1000/- respectively with usual default stipulation, vide impugned judgment dated 24/12/2025 passed by JMFC, Gwalior, District Gwalior in RCT No.9494/2021, which has been upheld by the appellate Court.

Learned counsel for applicants submits that applicants are innocent and they have been falsely implicated in the case. Primarily there was a civil dispute between the parties and on account of it a false case has been registered against them. Further, it is submitted that the main assailant as per prosecution story was the juvenile delinquent who gave blow with a Lathi to the victim and there were no specific allegation made against present applicants for causing grievous injury. Therefore, a request is made to allow the application for suspension of sentence.

Heard learned counsel for the parties, perused the records and the judgments of the Courts below.

Learned counsel for State as well as Shri R. K. Dubey, representing the complainant under application under Section 301 of Cr.P.C. have opposed the applications claiming that applicants were the main assailants and it is wrongly argued that they have been convicted for short sentence. The act committed by them is punishable with a maximum punishment of seven years and therefore, no leniency should be shown in allowing the application.

The matter under consideration is triable by Magistrate and according to the MLC report, only one injury was caused to the victim Deepak Sharma. From perusal of record of trial Court, it is also reflected that no X¬ray plate is available in the entire record and FIR was lodged with a delay of 8 long days.

Under these circumstances, this Court is of the considered opinion that till disposal of this revision, execution of jail sentence awarded to the applicants under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the compensation/fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the applicants shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 05/08/2026 and on such other dates as may be fixed in this regard. The applicant shall regularly appear before the trial Court during the pendency of this revision without fail.