Bhuraji vs The State Of Madhya Pradesh
2022 Latest Caselaw 7335 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                             CRA No. 5002 of 2021
                 (BHURAJI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 13-05-2022
      Shri Atul Gupta, learned counsel for the appellants.

      Shri Purshottam Tanwar, learned Panel Lawyer for the respondent-State.

Shri Prabhakar Kushwah, learned counsel for the complainant. I.A. No.6227/2022, first application under Section 389(1) of Cr.P.C. moved on behalf of appellant No.3, 5 and 6 Ram Babu, Bhairo Singh and Raj Mohan for suspension of their jail sentence.

This criminal appeal has been filed against the judgment dated 12.8.2021 passed by I Additional Sessions Judge Ganj Basoda district Vidisha, (M.P.) in ST No.100025/2014, whereby appellants have been convicted under Section 307/149, 326/149, 324/149, 323/149 and 148 of IPC and sentenced for ten years RI with fine of Rs.3000/-, seven years RI with fine of Rs.2000/-, One year RI with fine of Rs.500/-, six months RI with fine of Rs.500/- and one year RI with default stipulations.

Learned counsel for the appellants has submitted that the Trial court has wrongly convicted the appellants without proper appreciation of facts of the

case. It is further submitted that the appellants are in custody since 12.8.2021. Appellants are ready to abide by any condition which may be imposed by this Court. It is also submitted that disposal of this appeal will take considerably long time. Hence, learned counsel prays to suspend the jail sentence of appellants.

Learned State counsel has opposed the submissions and prays for rejection of this application filed for suspension of jail sentence of the appellant.

Heard learned counsel for the parties and perused the material documents available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No.6227/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) each 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, 5 and 6 Ram Babu, Bhairo Singh and Raj Mohan shall remain suspended and they be released on bail. The appellants are further directed to mark their appearance before the

Office of this Court o n 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. Let a copy of this order be sent to the concerned Court below for information.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Prachi

PRACHI MISHRA 2022.05.1 3 18:19:03 +05'30'