Madhya Pradesh High Court
Bandu @ Harishchandra vs The State Of Madhya Pradesh on 28 March, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2627 of 2022
(BANDU @ HARISHCHANDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 28-03-2022
Shri Sourabh Singh, learned counsel for the appellants.
Shri Ahsok Sinha, learned Government Advocate for the respondent/State.
Record of the trial Court be requisitioned.
Heard on admission.
The appeal is admitted for final hearing.
Also heard on I.A.No.4759/2022, an application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.
T h e appellant Ramsewak @ Sewak Lodhi has been convicted for
commission of offence under Section 324 of IPC and rest of the appellants have
been convicted for commission of offence under Section 324/149 of IPC and have
been sentenced to undergo R.I for 1 year and fine of Rs.1000/- each with default
stipulations.
Learned counsel for the appellants has submitted that appellants have been
released on bail by the trial Court till 06.04.2022. Learned counsel further
submitted that there is no cogent and reliable evidence against them and they have
fair chances in succeeding this appeal. The disposal of appeal will take
considerable time. Therefore, it has been prayed that jail sentence of appellants be
suspended and they be released on bail till final disposal of the appeal. He has also
pointed out the weakness of the prosecution case.
On the other hand, learned Government Advocate for the respondent/State
has opposed for grant of bail to the appellants and has supported the impugned
judgment of conviction and sentence as passed by the trial Court.
Having considered the short nature of sentence and the fact that trial Court
itself has released appellants on bail till 06.04.2022 for presenting this appeal and
the fact that there is no possibility of hearing of this appeal in near future, I deem it
proper to suspend the remaining jail sentence of the appellants.
Signature Not Verified
SAN
Accordingly, I.A.No.4759/2022 is allowed. The execution of jail sentence
o f appellants-Bandu @ Harishchandra, Virendra @ Veeran, Ramsewak @
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2022.03.29 14:15:16 IST
Sewak Lodhi, Premnarayan Lodhi and Balmukund is hereby suspended
subject to depositing the fine amount, (if not already deposited). It is directed
that the appellants be released on bail on their furnishing a personal bond to a
sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety of
the like amount to the satisfaction of the trial court with a further direction to
appear before the trial Court on 08.09.2022 and also on such other dates, as may
be fixed by that Court in this regard during the pendency of this appeal.
List this case for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
anu
Signature Not Verified
SAN
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2022.03.29 14:15:16 IST
