Madhya Pradesh High Court
Bherulal vs The State Of Madhya Pradesh on 22 April, 2021
Author: Vivek Rusia
THE HIGH COURT OF MADHYA PRADESH
CRA No.563/2021
Bherulal & others V/s. State of M.P.
-: 1 :-
Indore, dated : 22.04.2021
Shri Nitendra Vajpayee, learned counsel for the
appellant No.3 Mukesh S/o Bhagwanlal.
Ms. Bharti Lakkad, learned Panel Lawyer for the
respondent/State.
Heard on IA No.7128/2021, which is an application
for suspension of sentence of the appellant No.3 Mukesh S/o
Bhagwanlal.
As per the prosecution story, on 07.03.2014 PW1-
Pepabai was returning from Balar Kharsodkala along with her
son - PW2 Dashrath on his motorcycle. They reached the
village- Raodiyapeer near about 5 p.m. Bherulal along with his
wife - Gangabai came there on a motorcycle and obstructed
their way. Bherulal gave a blow by stick on the head of Dashrath
and Gangabai gave a blow by stick on her head and thereafter,
the other accused joined them and jointly assaulted both of
them.
After appreciating the evidence came on record, vide
judgment dated 12.01.2021, learned Additional Sessions Judge
has convicted all the 6 appellants for the offence as under:
Section & Act. Imprisonment Fine Amount Imprisonment in
lieu of default of
payment of fine.
148 of IPC 1 year R.I. Rs.500/- 1 month R.I.
307/149 of IPC 5 years R.I. Rs.500/- 3 months R.I.
325/149 of IPC 3 years R.I. Rs.500/- 2 months R.I.
506 Part 2 of IPC 6 months R.I. Rs.500/- 1 month R.I.
THE HIGH COURT OF MADHYA PRADESH
CRA No.563/2021
Bherulal & others V/s. State of M.P.
Learned counsel for the appellant has referred the
statements of PW1 and PW2 in which both of them have made
specific allegations against Bherulal and Gangabai regarding
assault and corresponding injuries received by them as per the
evidence of PW 5, PW 10 and PW 11. So far as the allegations
against appellant No.3 Mukesh is concerned, they are general in
nature. Prima facie, Section 307 is not made. Co-accused
Girdhari, Gokul and Ishwarlal have already granted suspension
of sentence, therefore, on the ground of parity appellant No.3
Mukesh is also entitled for grant of suspension of sentence.
On the other hand, the learned Govt. Advocate
appearing for the respondent/State prays for rejection of the
application.
In view of the aforesaid facts and circumstances of
the case, I find it is to be a fit case to suspend the custodial
sentence of the appellant No.3 Mukesh.
Accordingly, I.A. No.7128/2021 is allowed and it is
directed that subject to deposit of fine amount, if already not
deposited, with the trial Court and on furnishing personal bond
by the appellant No.3 Mukesh S/o Bhagwanlal in the sum of
Rs.40,000/- (Forty Thousand only) with one solvent surety in
the like amount to the satisfaction of learned trial Court for his
appearance before the Registry of this Court, the execution of
custodial part of the sentence of appellant No.3 Mukesh S/o
Bhagwanlal shall remain suspended till final disposal of this
THE HIGH COURT OF MADHYA PRADESH
CRA No.563/2021
Bherulal & others V/s. State of M.P.
appeal. The appellant after being enlarged on bail he shall mark
his presence before the Registry of this Court on 10.01.2022 and
on all such subsequent dates, which are fixed on this behalf. In
view of the above, I.A. No.7128/2021 also stands disposed of.
Before releasing the appellant from custody the jail
authorities are directed to medically examine him in order to
rule out the possibility of COVID -19 infections and shall
comply with the direction given by the Hon'ble Apex Court in
Writ Petition No. 1/2020.
List the matter after four weeks for hearing on IA
No.7613/21.
C.c. as per rules.
( VIVEK RUSIA )
JUDGE
ns
NEERAJ SARVATE
2021.04.23 12:13:31 +05'30'
