Balram vs The State Of Madhya Pradesh
2023 Latest Caselaw 8142 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                         CRA No. 6881 of 2023
                                                   (BALRAM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-05-2023
                                  Shri Aman Mourya - Advocate for appellant.

                                  Shri Mukesh Parwal - GA for respondent-State.

Heard on admission.

Admit.

Call for the record.

1. Heard on IA No.7525/2023, an application for urgent hearing during

vacation.

2. For the reasons stated in the application, the same is allowed and disposed off.

3. Also heard on I.A. No.7524/2023, which is first application filed under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to appellant Balram.

4. This criminal appeal is directed against the judgment dated 18.04.2023 3 passed in S.C.No.600421/2016 by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act whereby the

appellant has been convicted under Sections 323 of IPC and sentenced to undergo R.I. for three months with fine of Rs.1000/- & Rs.2000/- with default stipulation.

5. Learned counsel for the appellant submitted that the learned trial Court has erred in appreciating the evidence on record. The appellant was on bail during trial and he did not misuse the liberty so granted to him. The sentence of the appellant has already been suspended by the learned trial Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 25-05-2023 17:41:45

court. The appellant is permanent resident of Village Nitdhali, P.S. Sundersi, Distt. Shajapur (M.P.). There are fair chances of success of this appeal. With the aforesaid submissions, prayer for suspension of sentence is made.

6. The prayer is opposed by the learned Public Prosecutor.

7. Heard.

8. Taking into consideration the facts and circumstances of the case, without expressing any opinion on the merits of the case, I.A. No.7524/2023 is allowed and jail sentence of the appellant Balram shall remain suspended.

9. It is, therefore, directed that upon deposit of the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-

(Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 21.08.2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to the appellant shall remain suspended till further orders and he shall be released on bail.

Certified copy as per rules.

(S. A. DHARMADHIKARI) V. JUDGE

VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 25-05-2023 17:41:45