Madhya Pradesh High Court
Bablu vs The State Of Madhya Pradesh on 5 June, 2023
Author: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7041 of 2023
(BABLU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 05-06-2023
Mr. Rishikesh Bohare- Advocate for appellant.
Ms.Kalpana Parmar - Govt. Advocate for respondent/State.
Heard on question of admission.
Appeal being arguable is admitted for final hearing.
I.A. No.9593 of 2023 an application for urgent hearing during summer
vacation is taken up, considered and allowed for the reasons mentioned therein.
Also heard on I.A No. 9594 of 2023, an application under Section 389(1)
of the Cr.P.C for suspension of sentence and grant of bail to appellants namely-
Bablu, Bhoora, Ranveer, Rajan, Ramu, Sangram Singh, Sumer Singh and
Munnibai arising out of judgment dated 08.05.2023 delivered in ST No.92/2019
by Additional Sessions Judge Raghogarh, District-Guna (M.P.).
The appellants have been convicted under Sections 323/149 of IPC (Five
Counts) and sentenced to undergo R.I. for three months (5 counts) with fine of
Rs.200/-, under Section 325/149 of IPC (Two Counts) and sentenced to
undergo R.I. for two years' (5 counts) with fine of Rs.700/- and under Section
148 of IPC and sentenced to undergo R.I. for six months with fine of Rs.500/-,
with default stipulations.
Learned counsel for the appellants submit that the appellants are innocent
and have falsely been implicated in the present case. The trial Court erred in
appreciating the witnesses and wrongly convicted the appellants in the present
case. The sentence of the appellants has already been suspended by the trial
Court up to 08.06.2023. The appellants are permanent resident of District -
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 6/6/2023
10:49:59 AM
Guna, therefore, there is no possibility of their absconsion or tempering with the
evidence and witnesses. The final hearing of this appeal will take time. The
remaining jail sentence of the appellants may be suspended.
Learned Government Advocate opposed the prayer on the basis of
objection.
Heard the rival parties and perused the documents appended thereto.
Considering the aforesaid factual backdrop and without expressing any
conclusive opinion on merits, this Court deems it proper to suspend the
remaining jail sentence of the appellants till the decision of instant appeal.
Accordingly, I.A No. 9594 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellants is hereby suspended and it is directed that
the appellants be released on bail on his furnishing a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each
in the like amount to the satisfaction of the trial Court with a further direction to
appear before the Registry of this Court on 25th September, 2023 and also
on such other dates as may be fixed by the trial Court in this regard during the
pendency of this appeal.
Registry is directed to call for the record of the Court below.
List this case for final hearing in due course.
Certified copy as per rules.
(DWARKA DHISH BANSAL)
V. JUDGE
Vijay
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 6/6/2023
10:49:59 AM
