Bhura vs The State Of Madhya Pradesh
2022 Latest Caselaw 8272 MP

                                    1
                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                            CRA No. 5240 of 2022
                       (BHURA Vs THE STATE OF MADHYA PRADESH)

Dated : 22-06-2022
       Shri Samar Ghuraiya- Advocate for the appellant.

       Shri Kuldeep Singh - Public Prosecutor for the respondent/State.

Heard on I.A. No. 9642/2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant- Bhura.

This Criminal Appeal assails the judgment dated 24/05/2022 passed in

Session Trial No.100321/2011 and 290/2012 passed by Ist Additional Sessions Judge, Gohad, District Bhind whereby, appellant stands convicted under Sections 147, 148, 332/149 (two counts), 333/149, 353 of IPC and sentenced him to undergo six months RI, 01 year RI, 2-2 years RI, three years RI and 01 year RI with fine of Rs. 500/-, Rs.500/-, Rs.1,000/- - Rs.1,000/-, Rs.2000/-, Rs.500/- respectively with default stipulations.

Learned counsel for the appellant- Bhura submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. He has falsely been implicated in the case. The appellant is in custody

since 24/05/2022 i.e. date of judgment of the Trial Court and he also was in custody during trial. Fine amount has already been deposited by the appellant. It is further submitted that the appellant is ready to abide by any condition which may be imposed by this Court. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 9642/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 12/09/2022 and on

subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Monika MONIKA SHARMA 2022.06.23 10:43:59 +05'30'