Madhya Pradesh High Court
Tai @ Bhagirath vs The State Of Madhya Pradesh on 29 July, 2015
CRA-1425-2015
(TAI @ BHAGIRATH Vs THE STATE OF MADHYA PRADESH)
29-07-2015
Shri B.J. Chourasiya, counsel for the appellants.
Shri G.S. Thakur, Panel Lawyer for the respondent/State.
Heard on admission.
Appeal is admitted for final hearing. Learned Panel Lawyer takes notice on behalf of the State.
Record of the trial Court is available. Also heard on I.A. No.10636/2015, an application for suspension of sentence.
The appellants have been convicted of offence under Sections 452 and 323 of the IPC and sentenced to a maximum period of five years R.I. with total fine of Rs.2500/-.
Learned counsel for the appellants submits that the appellants were on bail during the trial and they did not misuse the liberty granted to them. They have deposited the fine amount before the trial Court. It is a case of assault, though no charge of offence under Section 323 or 324 of the IPC was framed by the trial Court. The appellants could not be convicted of offence under Section 323 of the IPC under the charge of offence under Section 367 of the IPC. Also it is alleged that the incident took place in an uncovered courtyard of the complainant and therefore, it cannot be said that the incident caused in the house. Prima facie, no offence under Section 452 of the IPC shall be made out against the appellants. There are fair chances of success of this appeal. If application of the appellants is not accepted then, their appeal may turn infructuous. Under such circumstances, the appellants prays for bail and suspension of execution of jail sentence.
Learned Panel Lawyer for the State opposes the application.
Keeping in view the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, I am of the view that the appellant may be enlarged on bail, consequently, I.A. No.10636/2015 is hereby allowed.
It is directed that the execution of jail sentence passed by the trial Court is hereby suspended. The appellants be enlarged on bail on their furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand) each with a surety bond of the same amount to the satisfaction of the trial Court, to appear before the Office of this Court on 16.09.2015 and on further dates as may be fixed by the Office from time to time till the disposal of the case.
Case be listed for final hearing in due course. C.C. as per rules.
(N.K. GUPTA) JUDGE