Balram Vs. the State of Madhya Pradesh

Balram vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Feb 08, 2013

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https://sooperkanoon.com/case/1039906

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Citation: sooperkanoon.com/1039906
Court: Madhya Pradesh High Court
Decided On: Feb 08, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Balram

Advocate Shri. P.S.Gaharwar

Respondent

The State of Madhya Pradesh

Excerpt

.....of the ipc for ri 1 year with fine of rs.500/- in the earlier section while ri 6 months with fine of rs.500/- in the later and since the date of the impugned judgment 2.2.13 they are facing the jail sentence. having heard, keeping in view the arguments, after perusing the impugned judgment of the trial court, i have found that the alleged head injury and other injury in which fracture was revealed was caused by the applicant no.1 balram by means of stick and not by the other applicants. so, looking to the nature of evidence and allegations with respect of the applicants no.2 to 4, the ia is allowed and their remaining jail sentence subject to verification of depositing the fine amount is hereby suspended. till this extent the ia is allowed. it is further directed that on furnishing a personal bond of rs.10,000/- (rs.ten thousand) along with one surety in the like amount to the satisfaction of the trial court by appellants no.2 to 4, they shall be released on bail with a further direction to remain present in the registry of this court on 24.7.2013 and on such other dates as may be given by the office in this regard till disposal of this appeal. the aforesaid ia be listed immediately after receiving the record for consideration of suspension of the jail sentence of applicant no.1. c.c as per rules. (u.c.maheshwari) judge mkl

Full Judgment

Cr.R.No.224 o”

08. 02.13 Shri P.S.Gaharwar, counsel for the applicants.

Shri Puneet Shroti, PL for the respondent/State.

Let the record of both the courts below be requisitioned within 15 days and case be listed immediately thereafter for admission.

In the available circumstances at the request of the applicant's counsel he is heard on IA No.3006/13 an application for suspension of the remaining jail sentence and grant of bail to the applicants till the extent of applicants No.2 to 4 while the hearing of such application with respect of applicant No.1 is hereby deferred till receiving the record.

As per the impugned judgment of the appellate court the applicants No.2 to 4 have been convicted and sentenced under section 325/34 and 323/34 of the IPC for RI 1 year with fine of Rs.500/- in the earlier section while RI 6 months with fine of Rs.500/- in the later and since the date of the impugned judgment 2.2.13 they are facing the jail sentence.

Having heard, keeping in view the arguments, after perusing the impugned judgment of the trial court, I have found that the alleged head injury and other injury in which fracture was revealed was caused by the applicant No.1 Balram by means of stick and not by the other applicants.

So, looking to the nature of evidence and allegations with respect of the applicants No.2 to 4, the IA is allowed and their remaining jail sentence subject to verification of depositing the fine amount is hereby suspended.

Till this extent the IA is allowed.

It is further directed that on furnishing a personal bond of Rs.10,000/- (Rs.ten thousand) along with one surety in the like amount to the satisfaction of the trial Court by appellants No.2 to 4, they shall be released on bail with a further direction to remain present in the Registry of this Court on 24.7.2013 and on such other dates as may be given by the office in this regard till disposal of this appeal.

The aforesaid IA be listed immediately after receiving the record for consideration of suspension of the jail sentence of applicant No.1.

C.C as per rules.

(U.C.Maheshwari) Judge MKL

Same Court & Year Madhya Pradesh · 2013 Same Parties Balram vs The State of Madhya Pradesh Same Subject Education