Lokendra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6588 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                              CRA No. 8046 of 2021
               (LOKENDRA SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Dated : 02-05-2022
      Shri Pradeep Katare, learned counsel for the appellant.
      Shri Purushottam Tanwar, learned Panel Lawyer for the respondent-State.

I.A. No.6993/2022, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Heard on I.A.No.6551/2022, which is the first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.3- Balendra Singh Gurjar.

This Criminal Appeal assails the judgment dated 04/12/2021 passed in ST No. 59/2015 by Additional Judge to the Court of First Additional Sessions Judge, Gohad District Bhind (M.P.) whereby, appellant No.3 stands convicted under Sections 307/149, 427 and 148 of the IPC and Section 25(1-b)(a) of Arms Act and sentenced to undergo 10 years RI, 02 years RI, 02 years RI and 01 year RI respectively with fine of Rs.5000/-, Rs. 1000/-, Rs.1000/- and Rs.1000/- with default stipulations.

Learned counsel for appellant No.3 - Balendra Singh Gurjar submits that the appellant is in custody since 04/12/2021 i.e. date of judgment of the Trial

Court. It is submitted that the injuries received by the victim over the body were not supported by the medical evidence and seizure memo has not been proved, therefore, the learned Trial Court has wrongly convicted and sentenced the

appellant. It is further submitted that the jail sentences of all other co-convicted accused have already been suspended by this Court and the case of appellant No.3 is on same footing. 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.6551/2022 is hereby allowed.

Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant No.3 Balendra Singh Gurjar shall remain suspended and he be released on bail. The appellant No.3 is further directed to mark his appearance before the Office of this Court on 04/07/2022 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 as per rules.

RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar Digitally signed by SHUBHANKAR MISHRA Date: 2022.05.02 16:37:41 +05'30'