Tulsiram Balai vs The State Of Madhya Pradesh
2022 Latest Caselaw 1654 MP

The High Court Of Madhya Pradesh CRA No. 757 of 2022 (TULSIRAM BALAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Indore, Dated : 04-02-2022 Heard through Video Conferencing.

Shri Dharmendra Khanchandani, learned counsel for the appellants. Shri Anubhav Raj Pandey, learned Panel Advocate for the State. Office is directed to requisition the record of the trial court and list thereafter for admission along with record.

Heard on IA No.1080/2022, an application for suspension of sentence.

Appellant has filed this appeal against the judgment dated 29.12.2021 passed by Special Judge (SC/ST Act) in Sessions Trial No.3800148/2016 whereby the learned trial court has convicted the appellants under section 325/149 (3 counts) and 323/149 (2 counts) of the IPC and sentenced to 2 years 6 months - 2 years 6 months RI with fine of Rs.3000-3000/- and 1-1 years RI with fine of Rs.1000-1000/- respectively on each count with further default stipulation.

Learned counsel for the appellants submits that the trial court has committed an error in appreciating the evidence and convicting the

appellants. The appellants were on bail during trial and they never misused the liberty granted by the court. The sentence is already suspended by the trial court in order to enable them to file appeal against the sentence. The hearing of this appeal would likely to take long time, hence prayed for release of the appellants on bail during trial.

Learned counsel for the State opposes the prayer. Considering the facts and circumstances of the case and the fact that this appeal is likely to take time for final hearing, the application is allowed and it is directed that the jail sentence passed against the appellants shall remain suspended and they be released on bail upon each of them depositing the fine amount (if already not deposited) and furnishing personal bond in the sum of Rs.30,000/- (rupees thirty thousand) with one surety in the like amount

to the satisfaction of the trial court for their appearance before the Registry of this court on 18.07.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Before releasing the appellants from the custody the jail authorities are directed to medically examine them in order to rule out the possibility of Covid-19 infections and shall comply with the direction given by the Hon'ble

Apex Court in Writ Petition No.1/2020.

C.c as per rules.

                                                             (VIVEK RUSIA)
          HARI KUMAR C G NAIR                                    JUDGE
          2022.02.04 18:14:11
hk/       +05'30'