SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Banshi vs The State Of Madhya Pradesh on 15 September, 2017

CRA-986-2017
(BANSHI Vs THE STATE OF MADHYA PRADESH)

15-09-2017

Shri A.U. Siddique, learned counsel for the appellant.
Shri Ramakant Sharma, learned Public Prosecutor for
the respondent/State.

Heard learned counsel for the parties on I.A.
No.4265/2017, an application under Section 389(1)
Cr.P.C. for suspension of custodial sentence of
appellant No.1-Banshi.

The appellant has been found guilty for offence under
Section 354 IPC and Section 3(i)(xi) of SC/ST (P.A.)
Act, 1989 and has been sentenced to 3 years RI and
fine for each offence.

Learned counsel for the appellant submits that the
learned trial Court has recorded the conviction
without properly appreciating the evidence on record
and that material omissions, contradictions and
anomalies present in the prosecution evidence have
been overlooked. It is also submitted that the
appellant was on bail during trial and the liberty so
granted was not misused by him. It is further
submitted that the appeal is likely to take sufficiently
long time in its final disposal and if the sentence is
not suspended then, it shall be rendered infructuous.
Though the prayer for suspension is opposed by
learned Public Prosecutor, however, looking to the
aforesaid, without further commenting on the merits
of the case, it would be appropriate to suspend the
custodial sentence of the appellant.
Accordingly, I.A. No. 4265/17 is allowed and it is
directed that on execution of personal bond by the
appellant in the sum of Rs.40,000/- with a solvent
surety in the like amount to the satisfaction of the
learned trial Court for his appearance before this
Court, the execution of custodial sentence imposed
against him shall remain suspended, till the final
disposal of this appeal.

The appellant after being enlarged on bail, shall mark
his presence before the Registry of this Court on
20.11.2017 and on all such subsequent dates, which
are fixed in this regard by the Registry.
CC as per rules.

(VED PRAKASH SHARMA)
JUDGE

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine


All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

Recent Comments

STUDY REPORTS

Copyright © 2024 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation