Bheemsen @ Bheema vs The State Of Madhya Pradesh
2023 Latest Caselaw 14123 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                      CRA No. 9230 of 2023
                                     (BHEEMSEN @ BHEEMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 28-08-2023
                                 Mr. Raj Kumar Gatwar, Advocate for the appellants.

                                 Mr. Rohit Shrivastava, Panel Lawyer for the respondent - State.

Admit.

Heard on I.A. No. 13286 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellants.

This Criminal Appeal assails the judgment dated 22.6.2023 passed by Third Additional Sessions Judge, Shivpuri (M.P.) in Sessions Trial No. 234/2017, whereby appellant No. 1 Bheemsen @ Bheema has been convicted and sentenced under Section 325 of IPC (two counts) to undergo rigorous imprisonment of two years and fine of Rs.7000/- in each count and appellant No. 2 Vijay Singh Yadav has been convicted and sentenced to undergo rigorous imprisonment of one year with fine of Rs.3000/-, with default stipulations.

Learned counsel for the appellants submits that the trial Court has

wrongly convicted the appellants without appreciating the evidence properly. Cross-case has also been registered against the complainant party under Section 307 of IPC and both the appellants received gunshot injuries. Axe has not been seized from the possession of the appellants. There are material contradictions and omissions in the statement of the prosecution witnesses. Further argument is that appellants were on bail during trial and did not misused the liberty so granted. This appeal is likely to take long time to conclude. Hence, prayer is Signature Not Verified Signed by: ALOK KUMAR Signing time: 28-Aug-23 6:08:36 PM

made to suspend the jail sentence and grant of bail to the appellants.

Counsel for the State vehemently opposed the application and prayed for its rejection.

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

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 13286 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on each of the appellants furnishing personal bond of Rs.25,000/- (Rupees Twenty Thousand only) with one solvent surety of the like amount to the

satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain suspended and they be released on bail. They are further directed to mark their appearance before the Office of this Court on 13.12.2023 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. A copy of this order be sent to the concerned Court below for compliance.

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

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 28-Aug-23 6:08:36 PM