Ramesh vs The State of Madhya Pradesh

S.R. Waghmare, J.—Heard on admission. Admit. Call for the record.

Also heard on I.A. No. 5093/2013, which is an application for grant of suspension of sentence of appellant Ramesh S/o Narsingh Makhoudia.

Counsel for the appellant vehemently urged the fact that offence u/s. 323 of the IPC cannot be made out against the appellant; primarily because offence was registered under Sections 294, 341 and 506 /34 of the IPC but enhanced the same u/s. 326 of the IPC after receiving the X-ray report of the complainant. Counsel submitted that X-ray report only indicates a fracture of little finger of the left hand of the complainant was not grievous and he had completely recovered, moreover dispute has occurred between the family members and in this light also the appellant was entitled for grant of suspension of sentence as well as grant of bail. Moreover Counsel submitted that the appellant was on bail during trial and has not misused the liberty granted to him. Similarly Trial Court has granted time up to 11.07.2013 i.e. today and Counsel has also filed an affidavit in support that sentence of the appellant has been suspended till today and hence the appeal would render infructuous, if relief is not granted to the appellant.

Counsel for the respondent/State on the other hand has opposed the submissions of the Counsel for the appellant and submitted that due to the fracture of the little finger offence was converted u/s. 326 of the IPC and he prayed for dismissal of the application.

On considering the above submissions and on perusing the record, I find that the application needs to be allowed in the interest of justice considering the injury sustained by the complainant as well as the fact that the appellant is on bail. It is hereby allowed.

In view of the above, it is directed that the accused/appellant be released on bail subject to his having paid the fine amount, if any, and on furnishing a personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before this Court/Registry on 06th August 2013 and on such subsequent dates as may be fixed in this behalf by the office. In the meanwhile, the substantive portion of the jail sentence shall remain suspended till hearing of the appeal. Cc. as per rules.