Balli @ Naval Kishore @ Rakesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8277 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 1469 of 2022
     (BALLI @ NAVAL KISHORE @ RAKESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 22-06-2022
      Shri Anand Kumar Jaiswal, learned counsel for the appellants.

      Shri B.P.S.Chauhan, learned P.P. for respondent/State.

Heard on IA.No.2428/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.1- Balli @ Naval Kishore @ Rakesh.

This Criminal appeal assails the judgment dated 21/01/2022 passed in

S.T. No. 46/2019 by 8th Additional Sessions Judge, Gwalior District Gwalior (M.P.), whereby the appellant has been convicted and sentenced under Sections 328 and 380 of the IPC for 5 years R.I. and 3 years R.I with fine of Rs.2000/- and Rs.1000/- respectively with default stipulations.

I t is submitted by learned counsel for the appellant that during trial appellant No.1 remained in custody from 29.10.2018 to 21.01.2022 and after judgment dated 21.01.2022 till today he is in custody. During trial he was on bail, but he did not misuse the liberty so granted. Amount of fine has been deposited by him. He has a good case on merits. Final hearing of the appeal will

take time. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection. It is submitted that prosecution has filed criminal history of 18 cases of present appellant No. 1 and out of those cases he has been convicted only in one case and in remaining all other cases he has been acquitted or the matter has been compromised.

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.2428/2022 is allowed and it is directed that jail sentence of appellant No.1- Balli @ Naval Kishore @ Rakesh will remain under suspension subject to verification that amount of fine h a s been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 12th December, 2022 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

(LJ*)

LOKENDRA JAIN 2022.06.22 17:47:59 +05'30'