Balchandra @ Ballu Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 8828 MP

                                    1                                  CRA-405-2020
          The High Court Of Madhya Pradesh
                    CRA No. 405 of 2020
       (BALCHANDRA @ BALLU KUSHWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 14-12-2021
        Shri Harish Sharma, learned counsel for the appellant No.3.

        Shri Shiraz Qureshi, learned P.P. for respondent/State.

Heard on I.A. No. 28136/2021, an application for change in counsel. For the reasons mentioned therein, the application is allowed and permission to change the counsel is granted.

Heard on I.A.No.19133/2021, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant no.3.

T h is criminal appeal has been filed against the judgment dated 16.12.2019 passed in S.T.No.128/2018 by the Sessions Judge, District Datia, whereby appellants have been convicted and sentenced under Section 304-B of IPC for ten years RI with fine of Rs.1,000/- and under Section 498-A of IPC for Three years RI with fine of Rs.1,000/-, with default stipulation.

Contention of counsel for the appellant No.3 is that co-convicted appellants have already been suspended by the Coordinate Bench of this

Court vide order dated 14.08.2020, therefore, similar treatment be given to appellant No.3. Fine amount has already been deposited. Hearing of this appeal shall take some time. On these grounds, learned counsel for the appellant No.3 prays for suspension of sentence and grant of bail to the appellants.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case as well as co- convicted persons have already been suspended by the Coordinate Bench of this Court, but without commenting upon merits of the case, I.A.No.19133/2021 is allowed and it is directed that the jail sentence of appellant No.3-Hariram will remain under suspension subject to verification that amount of fine has been deposited, on appellants furnishing bail bond of 2 CRA-405-2020 Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety each of the like amount to the satisfaction of concerned Trial Court for his

appearance before the Principal Registrar of this Court on 25 th March, 2022 and on such further dates as may be fixed by the office in this regard.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

(LJ*)

LOKENDRA JAIN 2021.12.15 10:36:17 +05'30'