Madhya Pradesh High Court
Ballu @ Nandkishore vs The State Of Madhya Pradesh on 20 February, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-246-2023
(BABLU @ NANDKISHORE & ORS. Vs . STATE OF MADHYA PRADESH)
DATED:- 20-02-2023
Shri Anshu Gupta - Advocate for the appellant No.3.
Shri C.P. Singh - Panel Lawyer for the respondent/State.
Heard on IA. No.3143/2023, 2 nd application under Section 389
(1) of Cr.P.C. for suspension of sentence and grant of bail filed on
behalf of the appellant No.3- Murari. His first application was
dismissed as withdrawn vide order dated 27/01/2023.
This criminal appeal assails the judgment dated 16/12/2022
passed in Sessions Trial No.237/2015 by the Additional Sessions
Judge, Chachoda, District- Guna (M.P.), whereby the appellant has
been convicted and sentenced as under :-
Sections Sentence Fine (Rs.) Default
Stipulation
148 of IPC 2 Years RI Rs.500/- 1 Month RI
307/149 of IPC 5 Years RI Rs.1,000/- 6 Months RI
353 of IPC 1 Years RI Rs.200/- 1 Month RI
332 of IPC 2 Years RI Rs.300/- 1 Month RI
Prosecution case, in short, is that on 07/04/2015, on the
information given by the informer, police officials of Police Station -
Raghogarh reached the spot to apprehend the rewarded accused and
besieged them. Co-accused- Bablu Meena was arrested by the police
with one country made pistol and on his exhortation, co-accused-
Hanshraj fired upon the police personnel, due to which, they received
injuries. Thereafter, co-accused- Hansraj sustained bullet injury in
encounter. Thereafter, other accused persons ran away from the spot
firing upon the police personnel. 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 40 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 has suffered more than eight months of
incarceration. The appellant is in jail from the date of passing of the
judgment of conviction and sentence and he is the permanent resident
of District- Guna (M.P.). There are fair chances of success of this
appeal. The appeal is of the year 2023 which may take long time for
its conclusion and the appellant cannot be kept in custody for an
unlimited period. 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.3143/2023 is allowed.
It is, therefore, directed that if appellant No.3- Murari deposits
the entire fine amount, if not already deposited, and furnishes a
personal bond in the sum of Rs.25,000/-(Rupees Twenty Five
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 June, 2023 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.3143/2023 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
SINGHrahul
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH
BENCH GWALIOR, postalCode=474001, st=Madhya
Pradesh,
2.5.4.20=eac942476567cd1b39b3da46068403462fdf82a
b676d0cde4dee473fe77953f5,
pseudonym=68E0B84BAE73376CD071289B3D9FE728CE
00D487,
PARIHAR
serialNumber=0275C4F803F94C47998BE5C534E21BDED
910FD4AB9D159B55575E814D05B2EED, cn=RAHUL
SINGH PARIHAR
Date: 2023.02.21 15:19:24 +05'30'
