Balli Chourasia vs The State Of Madhya Pradesh
2024 Latest Caselaw 27658 MP

Madhya Pradesh High Court

Balli Chourasia vs The State Of Madhya Pradesh on 1 October, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                                1                                 CRA-64-2015
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                         CRA No. 64 of 2015
                                              (BALLI CHOURASIA Vs THE STATE OF MADHYA PRADESH )



                          Dated : 01-10-2024
                                Shri Mukesh Chandra Pathak - Advocate for appellant.
                                Shri D.S.Kushwah - Additional Advocate General for the State.

                                Heard on IA.No.18452/2024, tenth application under Section 389 of the
                          Cr.P.C for suspension of sentence and grant of bail filed on behalf of appellant -
                          Balli Chourasia. His earlier/ninth application (IA No. 22323/2023) was dismissed

                          as withdrawn vide order dated 10.01.2024.
                                2. Appellant stands convicted under Section 302 of IPC and sentenced to
                          undergo Life Imprisonment with fine of Rs.2000/- and under Section 498-A of the
                          IPC and sentenced to undergo three years RI with fine of Rs. 500/- with default
                          stipulation, vide judgment of conviction and order of sentence dated 07.11.2014
                          passed by passed by Fourth Additional Sessions Judge, Session Division Gwalior
                          in Sessions Trial No. 418/2013.
                                3. It is the submission of learned counsel for the appellant that trial Court
                          erred in convicting the appellant and awarding the jail sentence. He further
                          submits that appellant has suffered around 11 years and 4 months of incarceration

                          as pre and post trial confinement. Looking to the period of custody with remission,
                          his period of custody goes to around 15 years and 10 months; therefore, in the
                          light of the judgment of      Apex Court in the case of Sonadhar Vs State of
                          Chattisgarh, 2022 Live Law (SC) 788, the case of appellant may be considered for
                          suspension of sentence. He has a good case on merits because the case is of
                          circumstantial evidence. Hearing of the appeal shall take some time. Therefore, he
                          prays for suspension of sentence and grant of bail to the appellant.

Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 10/3/2024
10:34:36 AM
                                                                2                                  CRA-64-2015

                                 4. Learned Public Prosecutor for respondent/State opposed the application

and prayed for its rejection.

5. Considering the period of custody which is more than 11 years of actual custody and in view of the judgment of Apex Court in the case of Sonadhar (Supra), this Court intends to grant benefit of suspension of remaining jail sentence to appellant.

6. Accordingly, the I.A. stands allowed. The execution of remaining jail sentence of the appellant is hereby suspended and it is ordered that appellant be released on bail upon his furnishing 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 the trial Court subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on

09-12-2024 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

7. It is further directed that appellant shall not be a source of embarrassment and harassment to the complainant in any manner and he shall not move in the vicinity of the complainant and shall not try to contact the complainant party by any mode, otherwise, benefit of suspension of sentence and bail shall automatically stands cancelled.

I.A. stands disposed of.

                                  (ANAND PATHAK)                                (RAJENDRA KUMAR VANI)
                                      JUDGE                                             JUDGE


                          Aman