Tulsi Batham vs The State Of Madhya Pradesh
2023 Latest Caselaw 8736 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                        CRA No. 1669 of 2023
                                               (TULSI BATHAM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-06-2023
                                  Shri Akhlesh Kumar Gupta - Advocates for the appellants.

                                  Smt. Abha Mishra - Public Prosecutor for the State.

                                  Heard on I.A. No.3766 of 2023, an application u/S.5 of Limitation Act.
                                  The application is duly supported by the affidavit.
                                  For the reasons mentioned in the application, I.A. No.3766 of 2023 is

                           allowed and the delay of 39 days in filing this appeal is hereby condoned.
                                  Heard on I.A. No.3896 of 2023, sixth application under Section 389 (1)
                           Cr.P.C. for suspension of sentence and grant of bail to appellant - Tulsi
                           Batham.
                                  This Criminal Appeal assails the judgment dated 17.10.2022 passed in
                           SST No.08/2017 by Special Judge MPDVPK Act Gohad, District Bhind (M.P.)
                           whereby, appellant stood convicted and sentenced under Section 399 of IPC to
                           undergo rigorous imprisonment of Ten Years with fine of Rs.500/-, under
                           Section 400 of IPC to undergo rigorous imprisonment of Ten Years with fine of

                           Rs.500/-, under Section 402 of IPC to undergo rigorous imprisonment of Seven
                           Years with fine of Rs.500/-, under Sections 11/13 of MPDVPK Act to undergo
                           rigorous imprisonment of Three Years with fine of Rs.500/- wit h default
                           stipulations.
                                  Learned counsel for the appellant submits that the trial Court has wrongly
                           convicted the appellant without proper appreciation of facts of the case. It is
                           further submitted that appellant remained in custody for a period of 160 days
                           during trial and from the date of passing of impugned judgment till today he is in
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 15-06-2023
10:39:51 AM
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                           custody. There are lots of contradictions and omissions in the evidence of the
                           prosecution witnesses. The present criminal appeal is likely to take long time to
                           conclude. Hence, prayed to suspend the jail sentence and grant of bail to the
                           appellant.
                                  Per contra, counsel for the respondent/State has vehemently opposed

the application and submitted that the prosecution has proved its case beyond reasonable doubt, therefore, he prayed for rejection of present application.

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

Considering the arguments rendered by learned counsel for the parties as

well as facts and circumstances of the case, without commenting on merits of the case, I.A. No.3896 of 2023 is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.100,000/- (Rupees One Lakh Only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant - Tulsi Batham shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Office of this Court on 08/08/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

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

Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 15-06-2023 10:39:51 AM

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 15-06-2023 10:39:51 AM