Sarvan Bheel vs The State Of Madhya Pradesh
2023 Latest Caselaw 11313 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                          CRA No. 8598 of 2023
                                                 (SARVAN BHEEL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-07-2023
                                 Mr. Raj Kumar Shrivastava and Mr. Saurav Tomar - Advocates - for

                           appellants.
                                 Mrs. Ankita Mathur - Panel Lawyer for respondent/State.

Admit.

Heard on I.A. No. 12207 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by

the sole appellant.

This Criminal Appeal assails the judgment dated 10.06.2023 passed by Additional Sessions Judge Radhogarh, District Guna (M.P.) in Sessions Trial No. 06/2019, whereby appellant has been convicted and sentenced under Section 307 of IPC to undergo rigorous imprisonment of three years with fine of Rs.2000/-, with default stipulations.

Learned counsel for the appellant submitted that in this case the appellant has already suffered 11 months of incarceration out of total jail sentence of three years. The appellant was on bail during trial and he has not misused the

liberty so granted to him. Further argument is that in this case complainant/injured-Shivnarayan and appellant have compromised the matter which is evident from para 57 of the impugned judgment. It is further submitted that as per the evidence of Dr. B.S. Raghuwanshi/(PW/8) the injuries caused to the injured are simple in nature. X-ray report is not filed and not proved by the prosecution. Present criminal appeal is likely to take long time to conclude, prayer is made to suspend the jail sentence and grant of bail to the appellant Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 7/20/2023 5:47:14 PM

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 12207 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he

be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 18.10.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 7/20/2023 5:47:14 PM