Madhya Pradesh High Court
Balveer vs The State Of Madhya Pradesh on 1 April, 2022
Author: Deepak Kumar Agarwal
01
THE HIGH COURT OF MADHYA PRADESH
CRA 1361/2022
(Balveer & ors. Vs. State of M.P.)
Gwalior, Dated: 01.04.2022
Shri Atul Gupta, learned counsel for appellant.
Shri R.K. Awasthi, learned Public Prosecutor for
respondent/State.
Heard on IA. No.4703/2022, 1st application under Section 389
of Cr.P.C. for suspension of sentence and grant of bail filed on behalf
of appellant No.2-Dheeraj is taken up and considered.
This criminal appeal assails the judgment dated 13.01.2022,
passed in Special Case No.107/2014 by Special Judge, Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,
Vidisha (MP) whereby appellant No.2 has been convicted and
sentenced as under with default stipulation :-
Sections (IPC) Imprisonment Fine
148 of IPC One Year R.I. Rs.1000/- with default
stipulation for thirty
days
307/149 of IPC Five Years RI Rs.5000/- with default
stipulation for six
months
In brief the case of the prosecution is that on 11.04.2014 at
11:30 pm, complainant Rambai alongwith her daughter-in-law Mamta
bai was thrashing wheat on the thrasher machine. Appellant Dheeraj
alongwith Balveer, Babulal, Pope Singh, Golu, Malkhan Singh and
his son with common intention having Danda and Pharsa in their hand
came there and started abusing them by taking the name of their caste
in derisive manner. When they objected, all the assailants started
assaulting them with Danda and Pharsa, due to which Ram Bai fell
down in the field. Balveer assaulted on the head, hand and legs of
Rambai with Pharsa due to which blood oozed out. Thereafter the
accused told her daughter-in-law Mamta that since she has implicated
the accused in a case under Section 376 IPC, let she be murdered and
thereafter Balveer, Malkhan, Babulal and their wives with an
intention of kill her assaulted on her hand and legs with Pharsa and
Danda. Due to assault Rambai and Mamtabai became half-dead.
Jagdish Yadav, Jitendra Yadav, Brajmohan Yadav, Dashrath Yadav and
Brajesh came to intervene. Thereafter all the accused by extending
life threats fled away. Thereafter injured were brought to the hospital
by 108 ambulance vehicle. On the report of Rambai, Offence
punishable under Section 294, 506, 148, 304 r/w 149 of IPC and 3(2)
(v), 3(1)(v) and 3(1)(x) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 was registered against present
appellant and others. After trial, trial Court held the appellant No.2
guilty for the offence punishable under Section 148 of IPC for one
year R.I. With fine of Rs.1000/- and 307/149 of IPC for five years R.I.
with fine of Rs. 5000/- with default stipulation. Appellant is in
custody from the date of judgment, i.e., 13.01.2022. During trial he
was in custody from 07.10.2015 to 29.07.2017 total 662 days. Under
these circumstances, he prays for suspension of sentence and grant of
bail.
Prayer is not opposed by the State counsel.
Considering the aforesaid facts and circumstances of the case,
without commenting anything on merits of the case, IA 4703/2022 is
allowed. Subject to verification of fine amount amount deposited by
the appellant and on furnishing a personal bond in the sum of
Rs.50,000/- (Rupees fifty thousand only) with one solvent surety in
the like amount to the satisfaction of the concerned trial Court, the
remaining jail sentence of the appellant shall remain suspended and
he shall be released on bail.
The appellant shall firstly appear before the Registry of this
Court on 4th July, 2022 and thereafter on all other subsequent dates as
may be fixed by the Registry in this regard, till disposal of this appeal.
C.C. as per rules.
(Deepak Kumar Agarwal)
Judge
ojha
YOGENDRA
OJHA
2022.04.01
18:54:01 +05'30'
