Madhya Pradesh High Court
Hiralal vs The State Of Madhya Pradesh on 25 July, 2018
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
Cr.A.No.1823/2016
Indore, Dated 25.07.2018
Shri Himanshu Thakur, learned counsel for the
appellant.
Shri Bhuwan Deshmukh, learned Government
Advocate for the respondent/State.
Heard on I.A.No.574/2018 which is an application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Hiralal.
The appellant has been convicted for offence under Section 436 of IPC and sentenced to 10 years R.I. with fine of Rs.1,000/- and in default of payment of fine to further undergo 2 months additional R.I. Learned counsel for the appellant contends that it is a case wherein the brother of the appellant was murdered by the complainant side. When he came on parole on the next day another offence was registered. The witnesses PW-3-Shantilal and PW-4-Balu though supported the prosecution case, but in cross examination the testimony was ocular and the said aspect has not been considered by the trial Court. Now, at present the appellant is in custody for about two years and therefore, in the said facts and circumstances, the jail sentence of the appellant be suspended and he be released on bail.
Learned Government Advocate opposes the application.
Having heard the learned counsel for both the sides, on perusal of the impugned judgment and taking into consideration all the facts and circumstances of the case, without commenting on the merits of the case, the application (I.A.No.574/2018) is allowed. It is directed that if the appellant furnishes personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) and a solvent surety of the like amount to the satisfaction of the trial Court, and on depositing the fine amount, the remaining portion of the jail sentence of the appellant shall be suspended and he be released on bail for his appearance before the Registry of this Court on 22.10.2018 and thereafter on all subsequent dates as may be fixed by the Registry in this behalf.
C.C.as per rules.
(J.K.MAHESHWARI) JUDGE RJ/ Digitally signed by Reena Joseph Date: 2018.07.26 13:28:22 +05'30'