Baliram vs The State Of Madhya Pradesh
2023 Latest Caselaw 1749 MP

1                         Cr.A.No.8421/2022
                   (Baliram Vs. State of M.P. and another)

Indore : Dated 31.1.2023
      Shri Mitesh Jain, learned counsel for the appellant.
      Shri Aditya Garg, learned Govt.Advocate for the respondent

No.1/State.

Shri Kanishka Gupta, learned counsel for the respondent No.2. ___________________________________________________________ Heard on the question of admission.

The appeal is admitted for hearing.

Also heard on I.A.Nos.12752/2022, first application for suspension of sentence and grant of bail filed on behalf of appellant Baliram.

The trial Court has convicted the appellant under Section 302/34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with default stipulation, vide judgment of conviction and order of sentence dated 4.8.2022 passed by Special Judge (Atrocities) Act, Barwani in Special S.T.No.24/2021.

As per prosecution case, in the night of 1.1.2021 appellant and co- accused persons Dileep @Dinesh @ Dilu and Anita, wife of deceased, have killed the deceased.

Learned counsel for the appellant submits that appellant has not committed any offence and has falsely been implicated in the case. Learned trial Court has convicted the appellant on the ground that motorcycle, which was used in the crime was recovered from the appellant, but there is no evidence that the aforesaid motorcycle was used in the offence. No other any circumstances was proved against the appellant. Alleged circumstances are not complete against the appellant. There is no likelihood of hearing of appeal in near future. In view of

(Baliram Vs. State of M.P. and another)

aforesaid, learned counsel for the appellant prays for suspension of the remaining jail sentence and grant of bail to the appellant.

Learned counsel appearing for the respondent/State as well as learned counsel appearing for the complainant have opposed the prayer.

Having considered the rival submissions, material pointed out by learned counsel for the appellant and the fact that there is no likelihood of hearing of appeal in near future, but without expressing any opinion on merits of the case, the application I.A.No.12752/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 8.5.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.12752/2022 is allowed.

List for final hearing in due course alongwith Cr.A.No.9180/2022. C.C. as per rules.

                                                              (S.A.Dharmadhikari)                     (Prakash Chandra Gupta)
                                                                      Judge                                     Judge



Patil

        Digitally signed by SHAILESH PATIL

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=837fe9c27fdece0f7f4ec7150827760f68beff4d70 9b9f59439e1d51ace79637, pseudonym=663F17CE27594B9E54AA3BAB05B4295B15 5F651B, serialNumber=3E01C00D600649CCA41365593337DEF53 CC3D6A3E63493017489D6D6B6975E7F, cn=SHAILESH PATIL Date: 2023.02.01 17:20:17 +05'30'