Bhairusingh Dangi @ Veer Kumar vs State Of Madhya Pradesh

Heard on admission.

The appeal contains arguable points and is accordingly admitted for hearing.

Also heard on I.A.No.15892/2019, the first application filed under Section 389(1) of the Cr.P.C. for suspension of jail sentence of the appellant.

The appellant was convicted under Section 307 of the Indian Penal Code and sentenced to undergo R.I. for 7 years with fine of Rs.5,000/- with

default stipulation.

Learned counsel for the appellant submits that appellant has been falsely implicated in this case. During the trial he remained in custody for two

months seven days. From the date of judgment i.e. 08.08.2019 the appellant is again in jail. The prosecution story is not trustworthy. The statement of

complainant Ram Charan @ Bhura is full of embellishment and contradictions. The medical evidence shows that injury allegedly caused by appellant

were simple in nature. Final hearing of appeal will take time and, therefore, remaining jail sentence of appellant may be suspended.

The prayer is opposed by Shri Parashar, learned P.L.

I have heard the parties at length on this aspect.

Considering the aforesaid argument of the appellant that he has already undergone for more than one year and total sentence is seven years. More so,

when final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, the said I.A. is allowed. Execution of jail sentence of appellant is hereby suspended and it is ordered that the appellant Bhairusingh

Dangi @ Veer Kumar be released on bail on his furnishing a personal bond for the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with

one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Additional Sessions Judge,

District Bhopal on 22.12.2020 and such further dates as may be fixed in this regard.

The said I.A. is allowed.

C.C. as per rules.