Madhya Pradesh High Court
Brakhbhan @ Ghoda vs The State Of Madhya Pradesh on 23 September, 2022
Author: Deepak Kumar Agarwal
01
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
CRA-7273-2022
(Brakhbhan @ Ghoda Vs. State of M.P.)
Gwalior, dated:-23/09/2022
Shri Vinod Kumar Sharma, learned counsel for appellant.
Shri Pramod Pachauri, learned Public Prosecutor for
respondent/State.
Heard on IA. No.14687/2022, 1st application under Section 389 of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the
sole appellant- Brakhbhan @ Ghoda.
This criminal appeal assails the judgment dated 14/03/2022 passed in
Special S.T. No.41/2011 by the Special Judge (MPDVPK Act), Karera,
Distict- Shivpuri (MP), whereby the appellant has been convicted and
sentenced as under :-
Sections Sentence Fine (Rs.) Default
Stipulation
395 of IPC read with Sections 10 Years R.I. Rs.5,000/- 6 Months RI
11/13 of MPDVPK Act
In brief, prosecution case is that complainant lodged a report at Police
Chowki Magroni, District- Shivpuri to the effect that on 01.4.2011 at about
11:00 PM, his family members were sleeping. At about 2:30 pm, when he
woke up, he saw five unknown persons standing in the gallery. They started
beating the complainant using iron road, adhiya and fists and blow. When
his wife Urmila came to rescue him, one of the accused persons kicked her
and took away one gold chain, gold bangles, etc. and locked them in the
room. Thereafter, they took away various gold and silver ornaments from
the locker. On the basis of aforesaid, crime was registered against the
appellant and co-accused.
Learned counsel for the appellant submits that the appellant is aged
45 years and he has been falsely implicated in this case. The appellant has
been wrongly convicted by the learned trial Court. The appellant was on bail
during trial and he has not misused the liberty granted to him. The appellant
is the permanent resident of District- Gwalior (M.P.) and there are fair
chances of success of this appeal. The fine amount has already been
deposited by him. The appellant is in jail from the date of judgment. The
appellant has suffered more than one and half years of incarceration. The
appeal is of the year 2022 which may take long time for its conclusion and
the appellant cannot be kept in custody for an unlimited period. Co-accused
persons have already been extended the benefit of suspension of sentence by
this Court. Under these circumstances, the execution of sentence be
suspended and the appellant be released on bail.
Learned counsel for the State opposed the application and prayed for
its rejection.
Keeping in view of the aforesaid submissions of learned counsel
for the parties and the fact that an early hearing of this case is not
possible, I.A. No.14687/2022 is allowed.
It is, therefore, directed that if appellant deposits the entire fine
amount, if not already deposited, and furnishes a personal bond in the
sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent
surety of the like amount to the satisfaction of trial Court for his
appearance before the Registry of this Court on 19th of December, 2022
and on such subsequent dates as may be fixed in this regard, sentence of
imprisonment awarded to him, shall remain suspended till further orders
and he shall be released on bail.
I.A. No.14687/2022 is allowed and disposed of.
A copy of this order be sent to the trial Court concerned for
necessary compliance.
Certified copy as per rules.
(Deepak Kumar Agarwal)
Judge
rahul
Digitally signed by RAHUL SINGH PARIHAR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,
ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,
postalCode=474001, st=Madhya Pradesh,
2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cd
e4dee473fe77953f5,
pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487,
serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB
9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR
Date: 2022.09.24 10:51:29 +05'30'
