Madhya Pradesh High Court
Balram Singh vs The State Of Madhya Pradesh on 29 May, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 2139 of 2023
(BALRAM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 29-05-2023
Shri Pradip Katare- learned counsel for applicants.
Shri Pawan Singh Raghuvanshi- learned counsel for respondent/State.
Record of the trial Court has been received.
Revision appears to be arguable, is admitted for final hearing.
IA 9154 of 2023 an application for hearing during summer vacation as
well as IA 9152 of 2023, an application for urgent hearing during summer
vacation is taken up, considered and allowed for the reasons mentioned therein.
Heard on I.A. 8817 of 2023, first application under Section 397 (1) of
CrPC for suspension of sentence and grant of bail filed on behalf of applicants
no.1 and 2, namely, Balram Singh and Ashu alias Ashish Singh.
The instant revision has been preferred against the judgment dated 09-05-
2023 passed by Sessions Judge, Bhind in Criminal Appeal No.71 of 2022
confirming the judgment dated 10-05-2022 passed by the Court of JMFC,
Bhind in Criminal Case No.1607 of 2017 whereby applicants have been
convicted under Section 325 read with Section 34 of IPC and sentenced to
undergo 01-01 year RI with fine of Rs.1,000- 1,000/- with segfault stipulation.
Allegation against present applicants is of causing injuries to the injured-
victim by means of katta as well as is of abusing in filthy languages.
Learned Counsel for the applicants submits that the applicants are
innocent and have been falsely implicated. They have no criminal antecedent.
The learned Trial Judge has not taken into consideration the relevant evidence
placed on record. The impugned judgment is based on presumption and
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/30/2023
11:17:15 AM
assumption. The applicants were on bail during trial and they did not misuse the
liberty so granted to them. Fine amount has already been deposited by them.
The revision is of the year 2023 and there is no likelihood of early hearing of
the revision in near future. On these grounds, learned counsel prays that
execution of the jail sentence of applicants may be suspended and may be
enlarged on bail.
Per contra, Counsel for the State opposed the application and supported
the impugned judgment.
Upon hearing learned counsel for parties, but without commenting upon
rival contentions touching merits of the case, regard being had to the fact that
the revision is of the year 2023 and there is no likelihood of early hearing of the
revision in near future, this Court is of the view that the application deserves to
be allowed. It is, accordingly, directed that execution order of jail sentence of
applicants shall remain suspended during pendency of this revision and they
shall be enlarged on bail subject to furnishing personal bond in the sum of
Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the
like amount to the satisfaction of the Trial Court and also subject to deposit of
the fine amount (if not already deposited) for appearance before the Registry of
this Court on 10.07.2023 and on further dates as may be directed by the
Registry in that regard.
Accordingly, I.A. stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(ROHIT ARYA)
V. JUDGE
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/30/2023
11:17:15 AM
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/30/2023
11:17:15 AM
