Bhaya Barela vs The State Of Madhya Pradesh
2022 Latest Caselaw 9572 MP

                                                                         1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                    CRA No. 950 of 2019
                                                         (BHAYA BARELA Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 13-07-2022
                                           Mr.Rakesh Tiwari, learned counsel for the appellant.

                                           Mr.Vivek      Lakhera,     learned    Government      Advocate   for   the
                                     respondent/State.

Considered I.A.No.7707/2022, which is fourth application for suspension of sentence and grant of bail on behalf of appellant-Bhaya Barela.

The first interlocutory application for suspension was dismissed on

merits on 15.5.2019. Thereafter, two applications were dismissed as withdrawn vide orders dated 23.1.2020 & 15.12.2021.

By the impugned judgment dated 24.12.2018 passed by Second Additional Sessions Judge, Ashtha, District Sehore in Sessions Trial No.205/2015 the appellant has been convicted for offences under sections 307 of IPC and 25(1-B)(a) & 27 of the Arms Act and sentenced to undergo R.I. for 07 years, 1 year & 02 years and fine of Rs.1000/-, Rs.500/- & Rs.500/- respectively with default stipulations.

The allegation against the appellant is that he caused certain gun shot

injuries on the person of the victim who received grievous injuries and was admitted to hospital for about 7-8 days.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The appellant has remain in custody for more than three and half years. The trial Court has not properly Signature Not Verified SAN appreciated the oral and documentary evidence available on record. The Digitally signed by RAJESH MAMTANI Date: 2022.07.13 18:14:22 IST incident took place out of enmity. The appellant has no criminal past. Final

disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the sentence of appellant.

Learned Government Advocate has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; custody period of the appellant; nature of allegations; the appellant has no criminal past; final disposal of this appeal would take considerable time; and without commenting on merits of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees

Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Bhaya Barela shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 08.12.2022 and on such other dates as may be fixed in this regard.

The appellant shall regularly appear before the trial Court during the pendency of this appeal without fail.

I.A.No.7707/2022 is allowed.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.07.13 18:14:22 IST