Bhura @ Bhupendra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 12265 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 4118 of 2022
                                        (BHURA @ BHUPENDRA SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-09-2022
                                 Mr. Mahendra Singh Rawat, learned counsel for the appellant.

                                 Mr. Ramadhar Chobey, Public Prosecutor for the respondent - State.

Heard on I.A. No.10419/2022, an application under section 5 of the Limitation Act.

As per Officer report, the appeal is barred by 1445 days. The reason for not filing the appeal within time, as stated by counsel for

the appellant, is that the appellant was in custody since 17.02.2019 in some other case and after his release he made necessary arrangements and then only could file the appeal. Application is supported by an affidavit.

Learned Public Prosecutor filed its reply and opposed the application. Considering the reason assigned, the I.A. is allowed and delay in filing this appeal is hereby condoned.

Heard on admission.

Admit.

Also heard on I.A.No.7250/2022 for suspension of sentence and grant of

bail to the appellant.

This appeal has been preferred against the judgment dated 16/2/2018 passed by Special Judge (under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Vidisha (for short “the Actâ€​) in Special Case No.155/2013, whereby the appellant has been convicted under section 452 of the IPC and sentenced to undergo R.I. for 3 years with fine of Rs.3000/- in default to suffer R.I. for 6 months; under section 323/34, IPC (on four counts) Signature Not Verified Signed by: BARKHA SHARMA Signing time: 15-Sep-22 10:22:34 AM

to undergo R.I. for 3 months with fine of Rs.300/- in default to suffer R.I. for 7 days on each count and also under section 3(1)(x) of the Act to undergo R.I. for 3 years and to pay fine of Rs.3000/- in default to suffer R.I. for 6 months.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. Disposal of appeal is likely to take time. An early hearing of this appeal is not possible. Taking into consideration the facts and circumstances of the case, the I.A. is allowed.

It is, therefore, directed that if appellant Bhura @ Bhupendra Singh deposits the entire fine amount, if not already deposited, and furnishes a

personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with a solvent surety in the like amount, to the satisfaction of trial Court for his appearance before the Registry of this Court on 22.11.2022 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

List for final hearing in due course.

C.C. as per rules.

(SUNITA YADAV) JUDGE

bj/-

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 15-Sep-22 10:22:34 AM