Deepak Langda @ Deepak Bhadoriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 7927 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 2012 of 2023 (DEEPAK LANGDA @ DEEPAK BHADORIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 12-05-2023 Shri Rajkumar Joshi, learned counsel for the appellant No.2 and Shri

Anand Purohit, learned counsel for appellant No.3.

Shri V.P.S.Tomar, learned counsel for State. Heard on I.A.No.6769/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.2- Balli Shirwas alias Deepau and I.A.No.7111/2023, first application u/Sec.

389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.3- Gulshan Yadav.

This criminal appeal has been filed against the judgment dated 21.12.2022 passed in S.T.No.308/2013 by First Additional Sessions Judge to the Court of First Additional Judge Bhind whereby both the appellants have been convicted under Section 148 of IPC and sentenced to undergo three years R.I., under Section 307/149 of IPC and sentenced to undergo ten years' R.I. with fine of Rs.5000/-, under Section 25 (1-B) (A) of Arms Act and sentenced to undergo two years R.I. with fine of Rs. 500/- and under Section 27 (1) of Arms Act and

sentenced to undergo four years R.I. wit fine of Rs.1000/- each with default stipulation.

It is submitted by counsel for the appellant that the appellants were on bail during trial and they did not misuse the liberty granted to them. Fine amount has already been deposited by them. It is also submitted that the appellants have suffered about seven months of incarceration. Appeal is of the year 2023 which may take long time for it's conclusion. Under these circumstances, the Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/12/2023 4:27:48 PM

execution of sentence be suspended and the appellants be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.6769/2023 and 7111/2023 are allowed.

It is therefore, directed that if appellants deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their appearance before

the Principal Registrar of this Court on 6th November, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

Application (I.A. No.6769/2023 and 7111/2023 ) are allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/12/2023 4:27:48 PM