Madhya Pradesh High Court
Bachhu vs The State Of Madhya Pradesh on 22 December, 2021
Author: Rajeev Kumar Shrivastava
1 CRA-9187-2019
The High Court Of Madhya Pradesh
CRA No. 9187 of 2019
(BACHHU Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 22-12-2021
Shri R.K. Goyal, learned counsel for the appellant.
Shri Purushottam Tanwar, Panel Lawyer for the respondent/State.
Heard on I.A. No.32809/2021, fifth application under Section 389(1)
of Cr.P.C. moved on behalf of appellant - Bachhu for suspension of his jail
sentence.
This criminal appeal under Section 374 of Cr.P.C has been filed by the
appellant against the judgment dated 19.09.2019 passed in S.T.No.154 of
2013 by Second Additional Sessions Judge, Joura, District Morena whereby
the appellant has been convicted u/S. 307 of IPC and sentenced to undergo
10 years' R.I. with fine of Rs.3000/- and under Section 25(1-A) (b) of Arms
Act and sentenced to undergo one year R.I. with fine of Rs.1000/- with
default stipulation.
Learned counsel for the appellant has submitted that this is fifth bail
application under Section 389(1) of Cr.P.C for suspension of jail sentence of
t h e appellant. It is further submitted that earlier fourth application for
suspension of his jail sentence was considered by the Coordinate Bench of
this Court vide order dated 27.5.2021, wherein the appellant has been granted
benefit of interim suspension for a period of 90 days and after completion of
the aforesaid period, he has surrendered before the trial Court. The appellant
has not misused the liberty so granted to him. It is further submitted that the
appellant is suffering from paralytic attack and he is unable to perform his day
to day work. Report with regard to ailment of the present appellant has been
filed. Hence, learned counsel prays for grant of interim suspension of
sentence for a period of 90 days to the appellant on the ground of ailment of
the present appellant.
Learned State counsel has opposed the submissions made by learned
counsel for the appellant and prayed for rejection of this repeat application.
2 CRA-9187-2019
Heard learned counsel for the parties and perused the material
documents available on record.
Considering the arguments advanced by learned counsel for the
appellant, without commenting on merits of the case, the application
(I.A.No.32809/2021) is allowed and it is hereby directed that the appellant
shall be released on bail for a temporary period of 90 days from the date of
his release on his furnishing personal bond of Rs.1,00,000/- (Rupees One
Lakh only) with one solvent surety of the like amount to the satisfaction of
the concerned trial Court. The appellant shall surrender before the trial Court
immediately after completion of 90 days. The intimation regarding surrender
of the appellant be furnished to this Court. In case of failure to comply the
order, this bail order shall automatically stand cancelled.
List the case for final hearing in due course.
Let a copy of this order be sent to the Court below concerned for
compliance.
Certified copy/ e-copy as per rules/directions.
(RAJEEV KUMAR SHRIVASTAVA)
JUDGE
pwn*
PAWAN KUMAR
2021.12.22
17:43:03 +05'30'
