Damru Balmiki vs The State Of Madhya Pradesh
2023 Latest Caselaw 15368 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 11529 of 2023 (DAMRU BALMIKI Vs THE STATE OF MADHYA PRADESH)

Dated : 19-09-2023 Shri Ajit Singh Bhadoria - Advocate for the appellant.

Shri Girraj Soni - Panel Lawyer for the State.

Heard on I.A. No.16676 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 21.08.2023 passed by Sessions Judge, Bhind (M.P.) in S.T.No.47/2023, whereby appellant has been convicted and sentenced under Section 326 of IPC to undergo rigorous imprisonment of Three Years with fine of Rs.2,000/-, under Section 25(1-B)(B) of Arms Act to undergo rigorous imprisonment of Two Years with fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence properly. It is further argued that seizure has not been done from the possession of appellant. (PW-1)

Bharat Balmiki who is witness of seizure in his cross-examination at para-4 specifically mentioned that seizure was done from the house of (PW-2)/Sujeet - Complainant. He has further submitted that seizure witness (PW-4) Mithun Balmiki has stated that at the time of seizure, the accused was not present in his house, however, Investigating Officer (PW-9) has stated that he seized the sword when present appellant/accused gave to him, in these circumstances, so also, in the light of the fact that upon the report of appellant/accused NCR (Exh. D/1) was registered against the complainant and the appeal is likely to take Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 20-09-2023 11:22:32 AM

long time to conclude, hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.16676 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with

two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 20.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

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

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 20-09-2023 11:22:32 AM