Bahoran vs The State Of Madhya Pradesh
2023 Latest Caselaw 9110 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRA No. 5269 of 2023
                                                (BAHORAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 19-06-2023
                                Shri Ayush Saxena, learned counsel for the appellant.

                                Shri Nitin Goyal, learned Panel Lawyer for the respondent- State.

Heard on admission.

Record of the trial Court has been received. Appeal appears to be arguable, is admitted for final hearing. Also heard on IA No. 6802 of 2023, which is the first application filed

under Section 389 of CrPC on behalf of sole appellant for suspension of jail sentence and grant of bail.

Vid e judgment dated 16-02-2023 passed by Sessions Judge Datia in Sessions Trial No. 92 of 2021, the appellant has been convicted under Section 326 of IPC and sentenced to undergo RI of five years with fine of Rs.5,000/- with default stipulation.

Allegations as per prosecution case against the appellant is that he had come to his house in a drunkard condition and hurled abuses in filthy language. When his wife Smt. Rani Balmik objected to it, the appellant caused injuries at

her nose by means of an axe due to which his wife sustained grievous injuries.

It is submitted by learned counsel for appellant that the appellant remained in custody during trial for a period of 102 days and from the date of passing of impugned judgment, he is in custody i.e. near about eight months he has already served jail sentence out of five years jail sentence awarded by trial Court. Fine amount has already been deposited. This appeal is of the year 2023 which is likely to take some time for its disposal. Hence, prayed for suspension Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/20/2023 11:19:03 AM

of jail sentence and grant of bail.

Learned counsel for the State opposed the suspension application and prayed for it rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA is allowed and it is directed that jail sentence of appellants will remain under suspension subject to verification that amount of fine has been deposited, on appellants' furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for appearance before the Principal Registrar of this Court on 22nd December,

2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

List for final hearing in usual course.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/20/2023 11:19:03 AM