Madhya Pradesh High Court
Vikas @ Vikky Bundela vs The State Of Madhya Pradesh on 3 June, 2016
CRA-502-2016
(VIKAS @ VIKKY BUNDELA Vs THE STATE OF MADHYA PRADESH)
03-06-2016
Shri Syed Masood Ali, learned counsel for the appellants. Shri Ajay Tamrakar, learned PL for the State. Heard on the question of admission.
The appeal seems to be arguable, therefore admitted for final hearing.
Also heard on I.A.No.3773/2016, which is an application for suspension of sentence and grant of bail on behalf of the appellants.
Learned counsel for the appellants does not wish to press the bail application on behalf of appellant No.2 Shubham Bundela.
Accordingly, I.A.No.3773/2016 on behalf of appellant No.2 Shubham Bundela stands dismissed as not pressed.
Appellant No.1 Vikas @ Vikky Bundela has been convicted for the charge under section 307/34 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.500/-, with default stipulation.
Learned counsel for the appellant No.1 contends that the appellant No.1 has been convicted for offence under Section 307 with the aid of section 34 of IPC. According to the statement of injured P.W.5, it is apparent that the appellant No.1 was alongwith his brother Shubham Bundela, the appellant No.2, but no act or overt act with respect to causing any injury or otherwise has been attributed against him. He has been merely convicted with the aid of section 34 of IPC. The finding of conviction recorded by the trial Court so far as it relates to appellant No.1 Vikas @ Vikky Bundela is unsustainable. therefore, prayer is made to suspend the substantive jail sentence of the appellant No.1.
Having heard the learned counsel for the parties and considering the facts and circumstances of the case including the fact that early hearing of this appeal is not possible, I.A.No.3773/2016 is allowed.
It is hereby directed that execution of remaining jail sentence of appellant No.1 namely Vikas @ Vikky Bundela shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond of Rs.30,000/- with a solvent surety bond in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 27.9.2016 and thereafter on each subsequent dates as may be directed by the Registry of this Court in that regard.
List the appeal for final hearing in due course. C.C. as per rules.