Balveer vs The State Of Madhya Pradesh
2023 Latest Caselaw 5846 MP

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                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                  CRA No. 2591 of 2022
                                                         (BALVEER Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 11-04-2023
                                          Shri Alok Nayak - Advocate for the appellant.

                                          Shri K.S. Patel - Panel Lawyer for the respondent - State.

Heard on I.A. No. 511 of 2023 , which is second application filed on behalf of the appellant for suspension of sentence and grant of bail. His first application for suspension of sentence I.A. No.4694 of 2022 was dismissed as

withdrawn vide order dated 18.07.2022 with a liberty to file a fresh application after an appropriate period.

The appellant has been convicted by the impugned judgment passed by the trial Court under under Sections 459, 325/34 and 323/34 of the IPC and sentenced to undergo R.I for 10 years (fine Rs.500/-), RI for 3 years (fine Rs.500/-) and RI for 3 years (fine Rs.250/-), respectively with default stipulations.

Learned counsel for the appellant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on

record. The entire case was concocted one due to previous enmity between the parties. Nothing has been recovered from the possession of the present appellant. Many relevant witnesses have turned hostile. The appellant had remained in custody for some time during trial and thereafter he is in continuous custody from the date of judgment i.e. 07.03.2022 and the final disposal of this appeal would take considerable time hence, the prayer has been made to Signature Not Verified SAN

suspend the sentence imposed on the appellant. Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.04.12 13:46:29 IST Learned Panel Lawyer for the State has opposed the application for suspension

of sentence and grant of bail.

Heard learned counsel for the parties and perused the record. From perusal of the evidence available on record as well as from the testimony of injured eye witnesses, it appears that the present appellant was present on the spot along with the other accused person but he did not cause injuries to the victims with iron rod. As per testimony of Babli Yadav (PW-3) [injured eye witness], he inflicted blow with wooden stick (lathi). Keeping in view the role attributed to the present appellant, his custody period and testimonies of the witnesses as well as the fact that final disposal of this appeal would take more time, without commenting on merits of the case, I deem it appropriate to suspend the jail sentence of the appellant and to release him on bail. Therefore, without commenting on the merits of the case, this application is allowed.

I t is directed that execution of remaining jail sentence of the appellant - Balveer 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 Trial Court on 05.09.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.04.12 13:46:29 IST