Balarammahore vs The State Of Madhya Pradesh
2024 Latest Caselaw 16068 MP

Madhya Pradesh High Court

Balarammahore vs The State Of Madhya Pradesh on 29 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 4371 of 2024
                                       (BALARAMMAHORE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-05-2024
                                 Mr. B.D. Mahour - Advocate for the appellants.

                                 Mr. V.P.S. Tomar - Panel Lawyer for the respondent - State.

Heard on I.A. No. 8109 of 2024, an application u/S. 5 of Limitation Act. The application is duly supported by the affidavit. For the reasons assigned in the application, I.A. No. 8109 of 2024 is allowed and the delay in filing this criminal appeal is hereby condoned.

The appeal being arguable is admitted for final hearing. Also, heard on I.A. No. 8141 of 2024, an application under Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants.

This Criminal Appeal assails the judgment dated 29.12.2023 passed in SC ATR/194/2017 by Special Judge (Atrocities), Gwalior (M.P.), whereby, the appellants stood convicted under Sections 120-B, 420 r/w 120-B, 467/120-B and 468/120-B and sentenced to undergo rigorous imprisonment of seven years with fine of Rs. 3,000/- in each offence, with default stipulations.

Learned counsel for the appellants submits that the trial Court has

wrongly convicted the appellant without proper appreciation of facts of the case. Appellants have already suffered more than 50% of total jail sentence i.e. 4 years 9 months out of total jail sentence of seven years. Co-convict Brajmohan Yadav has already been granted benefit of suspension of jail sentence and grant of bail by this Court by order dated 15.4.2024 passed in Cr.A. No. 874 of 2024. Hence, prayed to suspend the jail sentence and grant of bail to the appellants.

Learned counsel for the respondent/State vehemently opposed the application and prayed for its rejection.

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

Considering the submissions made by learned counsel for the appellant as well as the facts and circumstances of the case, without commenting on merits of the case, I.A.No. 8141 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on each of the appellants furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with a solvent surety of the like amount to the satisfaction of the concerned trial

Court, the remaining jail sentence of the appellants Balaram Mahour and Brajmohan Balaram Mahour shall remain suspended and they be released on bail. The appellants are further directed to mark their appearance before the Registry of this Court o n 08/07/2024 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

List this case for final hearing in due course.

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

(SUNITA YADAV) JUDGE

AKS