Shivraj Singh And Others vs State Of Madhya Pradesh

Anuradha Shukla, J

Heard on admission. Admitted.

Heard on I.A No.10692/2026, which is claimed to be first application filed under section 442 of BNSS / 397 (1) of Cr.P.C. seeking suspension of jail sentence and grant of bail on behalf of the applicants, and the fact about sequence no. of application has not been opposed by the prosecution.

The applicants have been convicted under Section 323/34 and 325/34 of IPC but sentenced only under Section 325/34 of IPC to undergo rigorous imprisonment of one year with fine of Rs.1500/-, with default stipulation vide judgment dated 23.05.2026 passed by Second ASJ Bhind in Cr.A. No.144/2022.

According to prosecution, applicants assaulted complainant Randhor Singh with axe, lathi, spear and caused grievous injury on his right tibia and fibula bone and simple injuries on other part of his body. The trial Court convicted them for the offence under Section 325/34 and 323/34 of IPC and conviction was affirmed by the appellate Court.

This application seeking suspension of sentence has been argued on the ground that applicants are innocent and they have been falsely implicated in this case on account of previous enmity. During the trial, they were on bail and never misused their liberty. It is further submitted that only on the basis of testimony of interested witnesses, the finding of conviction was given. A request, therefore, has been made to allow the application for suspension of sentence.

Learned counsel for the State has opposed the application claiming that applicants under a deliberate plan committed the offence, therefore, no sympathy can be shown towards them. A request, therefore, has been made to dismiss the application.

Heard learned counsel for both the parties and perused the record of the Trial Court.

Having considered the nature of crime, the period of sentence passed by the Court below and that the hearing of the appeal may take considerable time, without commenting on the merits of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited, and on applicants' furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each 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 04.08.2026 and on such other dates as may be fixed in this regard. The applicants shall regularly appear before the Trial Court during the pendency of this revision without fail.

Let the record of the trial Court be uploaded on ERP.

List for final hearing in its own course.