Ballu @ Nandkishore vs The State Of Madhya Pradesh
2023 Latest Caselaw 3664 MP

                                       1

      IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR

                        CRA No. 246 of 2023
   (BALLU @ NANDKISHORE AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Dated : 01-03-2023

      Shri Anshu Gupta, learned counsel for the appellants.

      Shri Anil Shukla, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.3944/23, first application under Section

389 of Cr.P.C. filed by appellant No.1 Ballu @ Nandkishore and

appellant No.2 Hansraj for suspension of sentence and grant of bail.

Vide judgment dated 16.12.2022 passed by Additional

Sessions Judge,Chachoda, District -Guna in Sessions Trial

No.100237/2015 by which the appellants have been convicted as

under:-

Appellant No.1 Ballu @ Nandkishore

      Section       Sentence   Fine        In default stipulation
      147, 148    2       years Rs.500/-   1 month
      of IPC   R.I.
      307/149       5     years Rs.1000/- 6 months


     of IPC       R.I.
     25(1-B) 3 years R.I. Rs.1000/-       6 months
     (A)    of
     Arms Act


     Appellant No.2 Hansraj

     Section      Sentence    Fine        In default stipulation
     353       of 1 year R.I. Rs.200/-    1 month
     IPC
     332       of 2      years Rs.300/-   1 month
     IPC          R.I.
     27     of 3 years R.I. Rs.1000/-     6 months
     Arms Act

Prosecution case, in short, is that on 07/04/2015, on the

information given by the informer, police officials of Police

Station - Raghogarh reached the spot to apprehend the rewarded

accused and besieged them. Co-accused- Bablu Meena was

arrested by the police with one country made pistol and on his

exhortation, appellant No.2- Hanshraj fired upon the police

personnel, due to which, they received injuries. Thereafter,

Hansraj sustained bullet injury in encounter. Thereafter, other

accused persons ran away from the spot firing upon the police

personnel. On the basis of aforesaid, crime was registered

against the appellants and co-accused.

Learned counsel for the appellants submits that appellants

have been falsely implicated. During trial, the appellants were on

bail and they did not misuse the liberty granted to them. The

appellant No.1 Ballu @ Nandkishore has suffered 254 days

incarceration. The appellant No.2 Hansraj has suffered 443 days

days incarceration. The appellants are in jail from the date of

passing of the judgment of conviction and sentence. Conclusion of

the trial will take time. Fine amount has been deposited. Co-

accused Murari has been granted suspension of sentence vide order

dated 20.02.2023. Therefore, prayed for grant of suspension of

sentence.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the

case, without commenting anything on merits of the case,

I.A.No.3944/23 is allowed. Subject to verification of fine amount

amount deposited by the appellants and on furnishing a personal

bond in the sum of Rs.25,000/- (Rupees Twenty five

thousand only) each with one solvent surety each in the like

amount to the satisfaction of the concerned trial Court, the

remaining jail sentence of the appellants shall remain suspended

and he shall be released on bail.

The appellants shall firstly appear before the Registry of this

Court on 19th June, 2023 and thereafter on all other

subsequent date as may be fixed by the Registry in this regard, till

disposal of this appeal.

C.C.as per rules.

                                                          (Deepak Kumar Agarwal)
     mani                                                       Judge

SUBASRI MANI
2023.03.02 10:31:51
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