Pappu @ Bhurya Alias Hanumant ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 14330 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                       CRA No. 4573 of 2021
                             (PAPPU @ BHURYA ALIAS HANUMANT SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-08-2023
                                  Shri Rishikesh Bohare - Advocate for the appellant.

                                  Shri Dinesh Savita - Public Prosecutor for State.
                                  Heard     on I.A.No.15760/2023, which          is f o u r t h application for
                           suspension of sentence filed under Section 389(1) of Cr.P.C. on behalf of
                           appellant No.1- Pappu @ Bhurya @ Hanumant Singh.
                                  Applicant's first, second and third applications were dismissed as

                           withdrawn vide order dated 25.4.2022, 8.9.2022 & 17.3.2023 respectively.
                                  Appellant has been convicted by Additional Sessions Judge, Chanchoda,
                           District Guna (M.P.) vide judgment dated 26.07.2021 passed in Session Trial
                           No.300/2015 for commission of offence punishable under Section 147 of IPC
                           and sentenced to suffer RI of 2 years with fine of Rs.500/- and under Section
                           364/149 of IPC and sentenced to undergo 5 years RI with fine of Rs.1,000 and
                           under Section 325/149 IPC with 5 years RI with fine of Rs.1,000 with default
                           stipulation.
                                  Learned counsel for the appellant submits that it has been alleged against

                           t h e appellant No.1 that he along with other co-accused persons assaulted
                           complainant's husband Indar Singh. He further submits that allegations alleged
                           against the appellant are similar to that of other co-accused persons whose
                           sentences have already been suspended by this Court. Appellant has suffered
                           half of its jail incarceration awarded to him. There is no likelihood of hearing of
                           this appeal in near future. Therefore, considering the changed circumstances
                           and period of incarceration of the appellant, his remaining jail sentence may be
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 01-09-2023
10:20:43 AM
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                           suspended and he may be enlarged on bail.
                                 Learned counsel for the respondent - State has opposed the prayer and

submits that appellant was caught at the spot with abducted Indar Singh. The allegations alleged against the appellant are serious in nature and learned Trial Court has not committed any error in convicting and sentencing the appellant for the aforesaid offences. In view of the aforesaid, the appellant is not entitled to be released on bail.

Heard learned counsel for both the parties and perused the record. Having considered the rival submissions and material pointed out by the learned counsel for the appellant, nature of allegations alleged against the

appellant so also his period of incarceration which is about half of the sentence period and the fact that all the co-accused persons have been enlarged on bail and the fact that there is no likelihood of hearing of this appeal in the near future, without expressing any opinion on merits of the case, the application is allowed and the remaining jail sentence of the appellant is suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) along with separate solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 09.10.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.is allowed.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 01-09-2023 10:20:43 AM

JUDGE Rohit

Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 01-09-2023 10:20:43 AM