Balkishan Harijan vs The State Of Madhya Pradesh
2022 Latest Caselaw 13793 MP

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                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                 CRA No. 7031 of 2022
                                                      (BALKISHAN HARIJAN Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 18-10-2022
                                            Shri Amit Dubey, counsel for the appellant.

                                            Shri Purushottam Soni, Panel Lawyer for the respondent/ State.

Heard on admission.

The appeal is admitted for final hearing.

Heard on I.A. No. 15264/2022, which is first application for suspension of sentence and grant of bail filed on behalf of appellant-Balkishan.

Although record is not available, but as per the impugned judgment, appellant has been convicted by the trial Court under Section 329/34 of IPC and sentenced to undergo R.I. for 6 years with fine of Rs.2,000/- , with default stipulation.

Learned counsel for appellant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record. Appellant is in jail since 28.07.2022. Disposal of this appeal would take considerable time, therefore, jail sentence of appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application. I have heard learned counsel for the parties. Looking to the nature of offence and considering the fact that Doctor found single fracture on the hand of injured person namely Neeraj(complainant), this appeal would take considerable time for disposal, without commenting on merits of the case, I Signature Not Verified SAN deem it appropriate to suspend the jail sentence of the appellants and to release Digitally signed by SARSWATI MEHRA Date: 2022.10.18 16:32:22 IST them on bail. Therefore, without commenting on the merits of the case, I.A.

No.15264/2022 is allowed.

It is directed that execution of remaining jail sentence of the appellant

-Balkishan shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with a surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the concerned trial Court on 24.02.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List the case final hearing in due course.

(SMT. ANJULI PALO) JUDGE

sm

Signature Not Verified SAN

Digitally signed by SARSWATI MEHRA Date: 2022.10.18 16:32:22 IST