Badrilal vs The State Of Madhya Pradesh
2023 Latest Caselaw 603 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                       CRA No. 12102 of 2022
                                                (BADRILAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-01-2023
                                  Shri Laveesh Sethia - Advocate for the appellant.

                                  Shri Hemant Sharma - Government Advocate for respondent/State.

Heard on I.A. No. 16363/2022, which is an application under Section 389(1) of the Cr.P.C. for suspension of custodial sentence and grant of bail on behalf of appellant â€" Badrilal.

The appellant stands convicted for the offences punishable under Section 324 of IPC r/w Section 3(2) (पांच à¤) of SC/ST Act, under section 504, 506(2) r/w Section 3(2) (पांच à¤), 3(1)(आर), 3(1)(à¤à¤¸) of SC/ST Prevention of Atrocities Act and has been sentenced to undergo 6 months, 6 months, 6 months, 6 months, 6 months RI with fine of Rs. 200, 200, 200, 200, 200/- with usual default stipulation. Counsel for the appellant submits that after passing the judgment trial court has suspended his jail sentence and during trial appellant was on bail and he has not misused the liberty granted to him. Looking to old pendency of the cases

for consideration, final conclusion of the case would take sufficient time. There is a strong case in favour of the appellant. In view of the statement of the witnesses, offence is not established against the appellant. Hence, the execution of the remaining part of the jail sentence be suspended and appellant be enlarged on bail.

Per contra learned counsel for the State opposes the application and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 11-01-2023 12:14:16

allegation against the appellant and also taking note of the fact that appellant was on bail during the trial, there is no complaint that he has misused the liberty granted to him, final conclusion of the appeal will take long sufficient time, I find it is to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, I.A.No.16363/2022 is allowed and it is directed that subject to deposit of the fine amount, if not already deposited, with the trial Court and on furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of remaining custodial part of the sentence of the appellant

shall remain suspended till final disposal of this appeal. The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 3.5.2023 and on all such subsequent dates, which are fixed in this behalf.

Certified copy as per rules.

(ANIL VERMA) JUDGE

BDJ

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 11-01-2023 12:14:16