Brajesh Alias Brijlal vs The State Of Madhya Pradesh
2021 Latest Caselaw 2389 MP

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.6368/2018 Brajesh Alias Brijlal and Ors. Vs. State of MP

Gwalior, Dated : 15-06-2021

Shri Rajkumar Singh Kushwaha, Counsel for appellant no. 3.

Shri B.P.S. Chauhan, Counsel for the State.

Heard through Video Conferencing.

Heard on I.A. No.17118/2021. This is fourth application for

suspension of sentence and grant of bail.

The appellant has been convicted for the following offences :

 Conviction U/s       Sentence         Fine            Default (in lieu
                                                       of fine)
 307 of IPC           6 years RI       3,000/- Rs.     1 year RI

 452 of IPC           1 year RI        2,000/- Rs.     3 month RI
 323/34 of IPC                         1000/ Rs.       1 Month RI

It is submitted by the Counsel for the appellant that this Court

by order dated 18.08.2020 had rejected the repeat bail application of

appellant no. 3 Bhura alias Umashankar with liberty that he may

revive the prayer after completion of half of jail sentence. It is

submitted by Counsel for appellant no. 3 Bhura alias Umashankar

that he was in jail for a period of 53 days during trial and he is in jail

from the date of the judgment i.e 16.07.2018. Thus, he has completed

three years of jail sentence. It is further submitted that due to Covid-

19 Pandemic, the final hearing of the appeal is not possible in near

future and accordingly the appellant may be granted bail.

Per contra, the application is opposed by the Counsel for the

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.6368/2018 Brajesh Alias Brijlal and Ors. Vs. State of MP

State.

Considering the period of detention, according to which the

appellant has already undergone actual jail sentence of three years,

out of total six years R.I. awarded by the trial Court for offence under

Section 307 of IPC, the application for suspension of sentence is

allowed. On furnishing the personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like

amount to the satisfaction of the Trial Court/CJM/Remand Magistrate

(Whosoever is available), the remaining jail sentence shall remain

suspended and the appellant no. 3. Bhura alias Umashankar shall

be released on bail.

This order shall remain in force, till the conclusion of the

present appeal. In case of bail jump or violation of any of the

conditions mentioned above, this bail order shall automatically lose

its effect.

The appellant shall appear before the Registry of this Court on

26.10.2021 and on all other dates, which may be given by the

Registry in this behalf.

(G.S. Ahluwalia) Judge

ar

ABDUR RAHMAN 2021.06.16 11:12:09 +05'30'