Budha vs The State Of Madhya Pradesh
2023 Latest Caselaw 7354 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 6142 of 2023
                                                 (BUDHA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 04-05-2023
                                  Shri Anil Kumar Tiwari - Advocate for the appellant.

                                  Shri Jitendra Singh - Panel Lawyer for the respondent/State.

Heard on admission.

Appeal is admitted for hearing.

Heard on I.A No. 9959 of 2023, an application under Section 389(1) of

the Cr.P.C for suspension of sentence and grant of bail to appellant Budha arising out of judgment dated 01/04/2023 delivered in S.T. No.55/2018 by the Sessions Judge, Burhanpur, District Burhanpur.

The appellant has been convicted under Section 307 of the I.P.C. and sentenced to undergo R.I. for 5 years with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellant has drawn attention of this Court towards the medical report of evidence of Dr. Mahesh Chandra Verma (PW-7) wherein it is stated that the injury caused on the head of injured Chagan was

simple in nature. There was no fracture. Learned counsel for the appellant

submits that learned trial Court did not appreciate the medical evidence properly. Appellant/applicant is innocent and has been falsely implicated in

the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. Final disposal of instant appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellant/applicant.

Signature Not Verified Signed by: APARNA TIWARI Signing time: 5/4/2023 4:47:04 PM

Learned Panel Lawyer opposed the prayer for suspension of sentence. Heard learned counsel for the parties.

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 appellant Budha. Accordingly, I.A No. 9959 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Budha is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for 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 trial Court, Burhanpur on 12 th July, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Record of the trial court be requisitioned. List this case for final hearing in due course. Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 5/4/2023 4:47:04 PM