Madhya Pradesh High Court
Balti Adiwasi vs The State Of Madhya Pradesh on 14 October, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-13881-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 13881 of 2023
(BALTI ADIWASI Vs THE STATE OF MADHYA PRADESH )
Dated : 14-10-2024
Mr. A.K. Jain and Ms. Nikita Jain - Advocates for the appellant.
Mr. A.K. Nirankari - Public Prosecutor for the respondent - State.
The instant case is jail appeal.
1. Heard on I.A.No.21919 of 2024 , first application under Section
389(1) of Cr.P.C. for suspension of jail sentence and grant of bail on behalf
of appellant - Balti Adiwasi.
2. This criminal appeal assails the judgment dated 14.10.2023 passed
in Special S.T.No.170/2021 by the First Additional Sessions Judge,
Ashoknagar, whereby the appellant has been convicted under Section 302/34
of IPC and sentenced to undergo life imprisonment with fine of Rs.500/- and
under Section 323/34 (two counts) and sentenced to undergo six months
imprisonment, with default stipulation.
3. It is the submission of learned counsel for the appellant that trial
Court erred in convicting and awarding jail sentence to the appellant. It is
further submitted that role of the appellant as per eye-witnesses and medical
report is confined to inflict lathi injury to injured witness - Karan, who
sustained simple injuries and therefore, the appellant qua present allegations
in respect of Karan convicted for offence under Section 323 of IPC. He did
not inflict any injury to deceased - Devi Singh. Devi Singh succumbed
stabbed injury. Appellant - Balti is aged 65-66 years and already suffered
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more than one year of incarceration as pre and post-trial confinement. The
appellant has good case on merits and hearing of the appeal would take some
time. Fine amount has already been deposited. On the aforesaid grounds, he
prays for suspension of sentence and grant of bail to the present appellant.
4. Learned counsel for the State opposed the application and prayed
for its dismissal.
5. Considering the arguments advanced by learned counsel for the
parties, this Court intends to allow the application (I.A.No.21919/2024) for
suspension of sentence.
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
o f Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent
surety of the like amount to the satisfaction of the trial Court subject to
depositing fine amount (if not already deposited) with a further direction to
appear before the Registry of this Court on 19.12.2024 and also on such
other dates, as may be fixed by the Registry of this Court in this regard
during pendecy 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.
3 CRA-13881-2023
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
bj/-
