Madhya Pradesh High Court
Balmukund Chidar vs The State Of Madhya Pradesh on 29 September, 2023
Author: Roopesh Chandra Varshney
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 5737 of 2023
(BALMUKUND CHIDAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 29-09-2023
Shri Sushil Goswami - Advocate for appellants.
Shri Dinesh Savita - Public Prosecutor for State.
Heard on I.A.No.13806 of 2023, first application u/Sec. 389(1) of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of
appellants.
Vide judgment of conviction and order of sentence dated 25-03-2023
passed by Third Additional Sessions Judge, Shivpuri in Sessions Trial No. 38
of 2018, the appellants have been convicted under Sections 452, 324/34, 307/34
of IPC and sentenced to undergo 6 months R.I., 6 months and 7 years R.I. with
fine of Rs.1,000, 2,000, 5,000 each with default stipulation respectively.
It is submitted by counsel for the appellants that the appellants were on
bail during trial and they have not misused the liberty so granted to them. During
trial appellant no.1 Balmukund has suffered incarceration of 105 days, appellant
no.2 Rakesh has suffered incarceration of 78 days and appellant no.3 Savitri
has suffered incarceration of 43 days and thereafter since the date of judgment,
they are in custody. Fine amount has already been deposited by appellants.
Appeal is of the year 2023 which may take long time for it's conclusion. Under
these circumstances, execution of remaining jail sentence be suspended and the
appellant be released on bail.
On the contrary, counsel for the State opposed the application and
prayed for its rejection.
Keeping in view of the aforesaid submissions of learned counsel for the
Signature Not Verified
Signed by: PRINCEE
BARAIYA
Signing time: 30-09-2023
12:10:46 PM
parties and the fact that an early hearing of this appeal is not possible, I.A. is
allowed. It is therefore, directed that if appellants deposit the entire fine
amount, if not already deposited, and furnish a personal bond in the sum of
Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent
surety of like amount to the satisfaction of concerned Trial Court for their
appearance before Principal Registrar of this Court on 4th December, 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 disposal of this
appeal and they shall be released on bail.
IA is allowed and disposed of.
A copy of this order be sent to the trial Court concerned for necessary
compliance.
C.c. as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
Rohit
Signature Not Verified
Signed by: PRINCEE
BARAIYA
Signing time: 30-09-2023
12:10:46 PM
