Balmu Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 8950 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 6000 of 2019
                                             (BALMU CHOUDHARY Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-06-2023
                                Shri Ganga Ram Saket - Advocate for the appellant.

                                Shri P.K. Pandey - Government Advocate for the respondent-State.

Heard on I.A.No.20613/2022, which is an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.

2. The appellant has been convicted for the offences punishable under Sections 302/149 of IPC and sentenced to undergo R.I. for life imprisonment with fine of Rs.1,000/-, u/S 307/149 of IPC and sentenced to undergo ten years RI with fine of Rs.500/-, u/S 147 of IPC and sentenced to undergo one year RI with fine of Rs.200/- and u/S 148 of IPC and sentenced to undergo one year RI with fine of Rs.200/- with default stipulations by 3rd Additional Sessions Judge, Shahdol (M.P.) vide judgment dated 29.03.2019 passed in S.T. No.07/2017.

3 . Learned counsel for the appellant submits that the present appellant was carrying lathi whereas the deceased died as a result of incised

wound on the head, resulting fracture in parietal bone. It is contended by the counsel for the appellant that the co-accused Gendiya Bai Choudhar and Terasiya Bai have also been enlarged on bail by this Court, hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.

4. Per contra, learned counsel for the respondent opposed the prays and submitted that after full-fledged trial, the appellant has been rightly convicted for the offences alleged to have been committed by him, therefore, Signature Not Verified Signed by: MANOJ NAIR Signing time: 6/20/2023 10:48:31 AM

the application for suspension of sentence deserves to be rejected.

6. Heard the submissions and perused the case diary.

5. The prosecution story reflects that the present appellant was carrying lathi and the testimony of Dr. Umendra Singh (PW-13) reflects that the deceased sustained two fatal injuries on the head which resulted into death, which were incised wound.

7. In view of the aforesaid, without commenting anything on the merits of the case, as there is no likelihood of hearing of this appeal in near future, this Court deem it proper to suspend the jail sentence of t h e appellant. Accordingly, I.A.No.20613/2022 is allowed. The execution of jail sentence of

appellant is hereby suspended subject to depositing of the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the Registry of this Court on 12.09.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

8. The appeal has already been admitted for final hearing, so it be listed for final hearing in due course.

C.C. as per rules.

                               (SHEEL NAGU)                                       (MANINDER S. BHATTI)
                                   JUDGE                                                JUDGE

                          mn




Signature Not Verified
Signed by: MANOJ NAIR
Signing time: 6/20/2023
10:48:31 AM