Balveer vs The State Of Madhya Pradesh
2022 Latest Caselaw 7313 MP

                                        1

      IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR

                 CRA No. 1361 of 2022
(BALVEER & ORS.. Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:13.5.2022
      Ms. Ayushi Vyas, learned counsel for the appellant.

      Shri K.S.Tomar, learned Public Prosecutor, for the

respondent/State.

Heard on I.A.No.7631/22, second application under Section

389 of Cr.P.C. filed by appellant - No.3 Golu Yadav for suspension

of sentence and grant of bail.

Vide judgment dated 13.01.2022 passed by Special Judge

S.C.S.T.(Atrocities) Act, Vidisha Division No.1, Special

S.T.No.107/2014 by which the appellant has been convicted and

sentenced as under:

Section Sentence Fine In default stipulation 148 of 1 year R.I. Rs.1000/- 30 days RI IPC 307/149 5 years Rs.5,000/ 6 months R.I.

of IPC R.I. -

As per prosecution case, on 12.04.2014, injured Rambai

lodged a report at Police Station Shamshabad, District Vidisha that

in the night at 11.30 P.M., she along with her daughter-in-law was

doing wheat cleaning work through thresher, meanwhile Balveer

Yadav, babulal Yadav, wife of Balveer, Poopsingh and his wife and

his son Golu and others having danda and farsa came over there

and started abusing them with filthy languages about their caste

and assaulted them with lathi and farsa. Due to which, they fell

down. They were told her that her daughter-in-law has filed

complaint under Section 376 against them therefore they will not

leave her. Jagdish Yadav, Jitendra Yadav, Brijmohan Yadav,

Dasrath came to intervened. On report offence under Sections 147,

148, 149, 307, 323, 294, 506 of IPC was registered. During trial

appellant was in custody from 23.9.15 to 9.2.16 and since the date

of judgment dated 13.01.2022 appellant is in custody.

From the side of appellant/accused, it is submitted that

appellant has been falsely implicated. Fine amount has been

deposited. Since appeal is of 2022, final hearing will take time.

Therefore, prays for suspension of sentence.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the

case, without commenting anything on merits of the case,

I.A.No.7631/22 is allowed. Subject to verification of fine amount

amount deposited by the appellant and on furnishing a personal

bond in the sum of Rs.50,000/- (Rupees Fifty thousand

only) with one solvent surety in the like amount to the satisfaction

of the concerned trial Court, the remaining jail sentence of the

appellant shall remain suspended and they shall be released on

bail.

The appellant shall firstly appear before the Registry of this

Court on 14.09.2022 and thereafter on all other subsequent date

as may be fixed by the Registry in this regard, till disposal of this

appeal.

C.C.as per rules.

                                              (Deepak Kumar Agarwal)
ojha                                                Judge
       YOGENDR
       A OJHA
       2022.05.1
       4 11:41:00
       +05'30'