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2025 Supreme(Online)(MP) 3937

HIGH COURT OF MADHYA PRADESH
ACHAL KUMAR PALIWAL, J
RAUF MOHAMMAD AND OTHERS – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent


Advocates:
For the Appellants/Petitioners: Shri Manish Datt, Shri Siddharth Bendel
For the Respondents: Shri Rajeev Pandey, Shri Ashish Mishra

Heard on I.A.No.5523/2025 an application under Section 430(1) of BNSS for suspension of sentence and grant of bail to appellants.

The appellants have been convicted under Sections 307 /34 of IPC and sentenced to undergo RI for 10 years with fine of Rs.10,000/- each and under Section 325 /34 of IPC and sentenced to undergo RI for 7 years with fine of Rs.10,000/- each, with default stipulations.

Learned senior counsel for the appellants after referring to testimonies of Lalla Sheikh, Mustakina Khatoon and Dr. Atul Singh Tomar submits that injured Lalla Sheikh has sustained two lacerated wounds over nose as well as forehead and one bruise over right side of the chest. Injured Mustakina Khatoon has sustained two bruises, one on left side of the head and one bruise on left forearm. It is urged that as per medical reports, injured Lalla Sheikh has sustained fracture over nose and Mustakina Khatoon has sustained fracture over forearm. Thus, no fracture has been sustained on any vital part of the body. There are no incised wounds, though Tangi has been used to assault victims. Thus, prima facie no offence under Section 307 of Signature Not Verified Signed by: MANZOOR IPC is made out. It is

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