Madhya Pradesh High Court
Buddhe Singh @ Udaybhan vs The State Of Madhya Pradesh on 5 May, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4024 of 2022
(BUDDHE SINGH @ UDAYBHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 05-05-2022
Shri Ashish Kurmi, learned counsel for the appellants.
Shri Rajesh Chaand, learned Government Advocate for the
respondent/State.
Heard on I.A.No. 7541/2022, an application under Section 389(1) of the
Cr.P.C. for suspension of execution of jail sentence and grant of bail to the
appellants pending the appeal.
Appellants have been convicted for commission of offence punishable
under Sections 324/34 (two count) and 326/34 (two count) of IPC and have been
sentenced to 01 years R.I. and 03 year R.I. with fine of Rs.100/- and Rs.500/-
respectively with default stipulations by 7th Additional Sessions Judge, Sagar vide
judgment dated 08.04.2022 passed in S.T. No. 134/2018 (State of M.P. Vs.
Budhe Singh @ Udhaybhan and others).
Learned counsel for the appellants has submitted that during trial appellants
were on bail and even after conviction and sentence learned Trial Court has
released them on bail till 09.05.2022. Learned counsel further submitted that they
have been sentenced only for a period of 3 years and disposal of this appeal will
take considerably time. Appellants have fair chances in succeeding the appeal.
Learned counsel for the appellants further submits that learned Trial Court has not
properly appreciated the evidence of prosecution witnesses which is full of
contradiction and omission. Therefore, it has been prayed that appellants be
released on bail by suspending the execution of jail sentence.
On the other hand, learned Panel Lawyer has opposed the suspension of
execution of jail sentence and grant of bail.
On a perusal of impugned judgment, evidence of prosecution witnesses and
other material available on record and considering the short nature of sentence and
the fact that there is no possibility of hearing of this appeal in near future, I deem it
Signature Not Verified
SAN
proper to suspend the remaining jail sentence of the appellants.
Accordingly, IA No. 7541/2022 is allowed.The execution of jail sentence
Digitally signed by AMITABH RANJAN
Date: 2022.05.06 11:06:03 IST
o f appellants Buddhe Singh @ Udaybhan, Mahendra singh, Gabbar,
Devendra Singh and Chhotu @ Devraj Singh 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 each of
the like amount to the satisfaction of the trial court with a further direction to
appear before the trial Court o n 20.09.2022 and also on such other dates, as
may be fixed by it in this regard during the pendency of this appeal.
Record of the trial Court be called for.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
Amitabh
Signature Not Verified
SAN
Digitally signed by AMITABH RANJAN
Date: 2022.05.06 11:06:03 IST
