Madhya Pradesh High Court
Balram vs The State Of Madhya Pradesh on 7 July, 2023
Author: Sushrut Arvind Dharmadhikari
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1235 of 2023
(BALRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 07-07-2023
Shri Akash Rathi, learned counsel for the appellant no.1.
Shri Bhuwan Gautam, learned G.A. for the State.
Heard on I.A.No.6686/2023, which is repeat third application for
suspension of sentence and grant of bail filed under section 389(1) of the
Cr.P.C. on behalf of appellant no.1-Balram.
2. The trial Court has convicted the appellant vide judgment of
conviction and order of sentence dated 05.01.2023 passed by the Additional
Sessions Judge, Khategaon, District Dewas in S.T. No.18/2021 as under:-
Conviction
Imprisonment Fine Imprisonment in lieu of fine
Section and Act
302/34 of IPC Life Imprisonment Rs.5000/- 3 months R.I.
323/34 of IPC 1 month S.I. Rs.500/- 8 days S.I.
323/34 of IPC 1 month S.I. Rs.500/- 8 days S.I.
302/34 of IPC 1 month S.I. Rs.500/- 8 days S.I.
3. As per prosecution case, on 03.12.2020 due to tying cattle there was
some controversy between the appellant Balram and his father Channulal.
Meanwhile, son of the appellant co-accused Rahul and Bholuram abused
appellant Chhanulal in filthy language. Co-accused Rahul assaulted Chhanulal
by means of stone and Co-accused Bholuram assaulted Chhanulal by means of
Piranna and Lathi respectively. Due to injuries, Chhanulal had fallen down.
Kripabai, Gangabai and Seemabai also came there and assaulted Chhanulal by
means of Slipper (Chappal). Phoolwati, Buribai came there to rescue Chhanulal
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 10-07-2023
19:45:48
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then Co-accused persons Kripabai, Gangabai and Seemabai had also assaulted
them by means of stick. Co-accused Rahul and Bholuram and appellant Balram
also assaulted them. Due to injuries, Chhanulal died on the spot.
4. Learned counsel for the appellant submits that he has not committed
the offence and has falsely been implicated in the case. Eye witness Dilip (P.W.-
1) has not stated anything about the present appellant in his deposition. Eye
witness Phoolwati (P.W.-2) in paragraph 16 has admitted that no other accused
person have assaulted the deceased except accused Rahul. Therefore, it is
doubtful that present appellant had also assaulted the deceased. Appellant had
no motive to cause death to the deceased. Appellant was in custody since
04.12.2020 to 14.02.2022 and he is in since 05.01.2023 i.e. from the date of
judgment. Final hearing of this appeal is not possible in near future therefore, it
is prayed that the remaining jail sentence of the appellant may be suspended and
he may be released on bail.
6 . Per contra, learned Govt. Advocate for the respondent/State has
opposed the prayer of the appellant and prays for its rejection.
We have heard learned counsel for both the parties and perused the
record.
7. Considering the facts and circumstances of the case coupled with the
fact that final hearing of this appeal is not possible in near future, without
expressing any opinion on merits of the case, the application
I.A.No.6686/2023 is allowed and the jail sentence of the appellant shall remain
suspended.
8. It is directed that subject to depositing the fine amount, if already not
deposited, appellant-Balram shall be released on bail, on furnishing personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 10-07-2023
19:45:48
solvent surety in the like amount to the satisfaction of trial Court, for his
appearance before the Registry of this Court firstly on 04.09.2023, and on
such other dates, as may be fixed by the Registry in this regard, till final
disposal of this appeal.
9. List for final hearing in due course.
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
ajit
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 10-07-2023
19:45:48
