Balveer vs The State Of Madhya Pradesh
2022 Latest Caselaw 6480 MP

                                           1

        IN THE HIGH COURT OF MADHYA PRADESH
                               AT GWALIOR

                 CRA No. 1361 of 2022
    (BALVEER AND OTHERS Vs THE STATE OF MADHYA
                    PRADESH)


Gwalior, Dated:29.04.2022
      Shri Raghuvir Singh, learned counsel for the appellant.

      Shri   R.K.Awasthi,       learned    Public    Prosecutor,   for   the

respondent/State.

Heard on I.A.No.6874/22, first application under Section 389

of Cr.P.C. filed by appellant - No.1 Balveer Yadav for suspension of

sentence and grant of bail.

Vide judgment dated 13.01.2022 passed by Special Judge

S.C.S.T.(Atrocities) Act, Vidisha Division No.1, Special

S.T.No.107/2014 by which the appellant has been convicted and

sentenced as under:

Section Sentence Fine In default stipulation 148 of 1 year R.I. Rs.1000/- 30 days RI IPC 307/149 5 years R.I. Rs.5,000/- 6 months R.I.

of IPC

As per prosecution case, on 12.04.2014, injured Rambai lodged

a report at Police Station Shamshabad, District Vidisha that in the

night at 11.30 P.M., she along with her daughter-in-law was doing

wheat cleaning work through thresher, meanwhile appellant/accused

Balveer Yadav, babulal Yadav, wife of Balveer, Poopsingh and his

wife and his son Golu and others having danda and farsa came over

there and started abusing them with filthy languages about their caste

and assaulted them with lathi and farsa. Due to which, they fell

down. They were told her that her daughter-in-law has filed

complaint under Section 376 against them therefore they will not

leave her. Jagdish Yadav, Jitendra Yadav, Brijmohan Yadav, Dasrath

came to intervened. On report offence under Sections 147, 148, 149,

307, 323, 294, 506 of IPC was registered. During investigation, he

was arrested. During trial appellant was on custody for 32 days and

from the date of judgment dated 13.01.2022 he is in custody.

From the side of appellant/accused, it is submitted that

appellant has been falsely implicated. Fine amount has been

deposited. Conclusion of the trial will take time. Therefore, prays for

suspension of sentence.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the case,

without commenting anything on merits of the case, I.A.No.6874/22

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 14.07.2022 and thereafter on all other subsequent date

as may be fixed by the Registry in this regard, till disposal of this

appeal.

C.C.as per rules.

                                              (Deepak Kumar Agarwal)
     mani                                           Judge

SUBASRI MANI
2022.04.30
12:14:12
-07'00'