Madhya Pradesh High Court
Deepak Langda @ Deepak Bhadoriya vs The State Of Madhya Pradesh on 9 October, 2023
Author: Sunita Yadav
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 : 09-10-2023
Shri Rajkumar Joshi, learned counsel for the appellant.
Shri V.P.S. Tomar-P.L. appearing on behalf of Advocate General.
Heard on I.A.No.11167/2023, first application u/Sec. 389(1) of Cr.P.C.
for suspension of sentence and grant of bail filed on behalf of appellant No.1-
Deepak Langda alias Deepak.
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 the appellant No. 1 has 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. with fine of Rs.1000/- with default
stipulation.
Learned counsel for the appellant submits that the trial Court has wrongly
b een convicted the appellant No. 1 without considering the oral as well as
medical evidence on record. There are material contradictions and omissions in
the statement of the prosecution witnesses. The sentence of appellants No. 2 &
3 have already been suspended by the co-ordinate Bench of this Court vide
order dated 12/05/2023 and the case of present appellant No. 1 is akin and
Signature Notsimilar
Verified to the case of said co-appellants. The appellant No. 1 has already
Signed by: SANJAY
NAMDEORAO DURGEKAR
suffered about one year of incarceration out of total awarded sentence of ten
Signing time: 09-10-2023
05:42:24 PM
years. The appeal is likely to take long time to conclude. Hence, he prayed to
suspend the jail sentence and grant of bail to appellant.
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.11167/2023 is allowed.
I t is therefore, directed that if appellant No. 1 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) with one solvent surety of the
like amount to the satisfaction of concerned Trial Court for his appearance
before the Principal Registrar of this Court on 19th December, 2023 and on
such further dates as may be fixed by the office in this regard, sentence of
imprisonment awarded to him shall remain suspended till further orders and he
shall be released on bail.
A copy of this order be sent to the trial Court concerned for necessary
compliance.
C.c. as per rules.
(SUNITA YADAV)
JUDGE
Durgekar
Signature Not Verified
Signed by: SANJAY
NAMDEORAO DURGEKAR
Signing time: 09-10-2023
05:42:24 PM
