Bhojraj Singh @ Bholu Bhadoriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 1193 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                          CRA No. 647 of 2023
                                      (BHOJRAJ SINGH @ BHOLU BHADORIYA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 19-01-2023
                                   Shri Madan Mohan Shrivastava, learned counsel for the appellant.

                                   Shri Pramod Pachori, learned Public Prosecutor for the respondent/State.

Heard on (I.A. No.733/2023), first application u/Sec. 389 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant - Bhojraj Singh.

This criminal appeal has been filed against the judgment dated 08.12.2022

passed in S.T. No.68/2013 passed by Special Judge, MPDVPK Act., Dist. Bhind whereby appellant has been convicted under Section 25 of Arms Act and sentenced to undergo three years RI with fine of Rs.1000/- with default stipulation.

It is submitted by counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, 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.733/2023) is allowed.

It is therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum o f Rs.25,000/- Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 1/19/2023 5:24:36 PM

(Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before

the Principal Registrar of this Court on 28 th April, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.733/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 1/19/2023 5:24:36 PM