Indar Adiwasi vs The State Of Madhya Pradesh
2022 Latest Caselaw 5265 MP

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                 HIGH COURT OF MADHYA PRADESH
                    CRA No. 5713 of 2020
     (INDAR ADIWASI Vs THE STATE OF MADHYA PRADESH)

Dated :      11.04.2022

      Shri Anshu Gupta, learned counsel for the appellant.

      Shri     Pramod     Pachori,    learned       Public    Prosecutor     for   the

respondent/State.

Heard on I.A.No.4871/2022, first application under Section 389 (1)

of Cr.P.C. filed by appellant for suspension of sentence and grant of bail.

Vide judgment dated 27.07.2019 passed by learned Sessions Judge,

Sheopur (M.P.) in S.T.No.06/2019 the appellant has been convicted and

sentenced as under:

Section Sentence Fine In default stipulation 307 of IPC 10 years RI Rs.1000/- one month

In brief, prosecution story is that on 4.11.2018 complainant

Shambu Adiwasi lodged a report against present appellant Inder Adiwasi

that on 4.11.2018 in the evening at 5-00 PM buffalo of appellant entered

into the field of Mohan. Mohan objected Inder why he is not taking care

of his buffalo. His buffalo used to damage the cultivation. Thereafter

appellant started abusing with filthy language. When he objected he

assaulted with axe on his head due to which blood was oozing out. Mohan

fell down. His son Balla came there. On seeing him Inder ran away. On

his report an offence under sections 323, 324, 294 506 of IPC was was

registered in Crime No. 75/2018 at Police Station Awada, District Sheopur.

He was sent for medical examination. Incised wound was found on his

head and fracture of frontal bone on left side and parietal bone on left side

was found.

It is submitted by learned counsel for he appellant that the appellant

was in jail from 5.11.2018, during trial also he was in custody and from the

date of judgment, ie from 27.7.2019 to till today he is in custody. Learned

counsel for the appellant further submits that hearing of this appeal shall

take considerably long time. Under these circumstances, he prayed to

suspend the jail sentence of the appellants and grant bail.

Heard learned counsel for the parties and perused the record.

Considering the facts and circumstances of the case and looking to

the fact that the appeal is of the year 2020 and the final outcome of appeal

will take time, but without commenting anything on the merits of the case,

I.A.No. 4871/2022 is allowed and it is directed that jail sentence of

appellant will remain under suspension subject to verification that the

amount of fine has been deposited, on appellant furnishing bail bond of

Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the

like amount to the satisfaction of concerned Trial Court for his appearance

before the Principal Registrar of this Court on 27th June, 2022 and

thereafter on such further dates as may be fixed by the office of this Court

in this regard till disposal of the appeal.

C.c. as per rules.

                                                    (Deepak Kumar Agarwal)
vv                                                           Judge


     VALSALA
     VASUDEVAN
     2022.04.11
     22:44:28
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