Madhya Pradesh High Court
Bhagwandas vs The State Of Madhya Pradesh on 13 December, 2021
Author: Deepak Kumar Agarwal
01Cr.A.8381/2018
HIGH COURT OF MADHYA PRADESH
Cr.A. No. 8381/2018
(Bhagwandas and Anr. vs. State of M.P. )
Gwalior, Dated: 13.12.2021
Shri Amit Goswami, learned counsel for the appellants.
Shri Lokendra Shrivastava, learned Public Prosecutor for the
respondent/State.
Per Justice Deepak Kumar Agarwal:
IA.No.27380/2020, fourth application u/Sec. 389 of Cr.P.C. for
suspension of sentence and grant of bail filed on behalf of appellant
No.1 - Bhagwandas Patwa is taken up and considered.
This criminal appeal assails the judgment dated 11th October,
2018 passed in S.T.No.111/2017 by the Additional Sessions Judge,
Seonda, District Datia whereby appellant No.1 has been convicted
and sentenced as under:-
Sections (IPC) Imprisonment Fine Default
stipulation
302 Life Rs.5,000/- one year RI
Imprisonment
201 five years RI Rs.5,000/- six months RI
It is submitted by learned counsel for the appellant that
appellant Bhagwandas is innocent and he has falsely been implicated
in the offence. He is in custody since 17.08.2017. It is further
submitted that final hearing of the appeal will take time. Hence
prayed for suspension of sentence and grant of bail to the appellant
No.1-Bhagwandas.
02Cr.A.8381/2018
Allegation against the present appellant Bhagwandas is that his
daughter deceased Kajal aged about 17 years wanted to marry one
Akhilesh which he did not agree and he committed murder of his
daughter. Bhagwandas disclosed this fact to complainant Chhoteraja.
Chhoteraja lodged report at Police Station, Tharet, District Datia.
Offence has been registered against the appellant and one Komal
under sections 302 and 201,34 of IPC. After investigation charge
sheet has been filed. During trial Chhoteraja, to whom as per
prosecution, appellant Bhagwandas narrated the story about murder of
his daughter has not supported the prosecution case and became
hostile. Similarly, witnesses Gulab (PW-1), Gyan Singh (PW-2),
Chhoteraja (PW-3), Janki Prasad (PW-5) and Rajkumari (PW-6) have
not supported the prosecution case.
Learned counsel for the State opposed the application and
prayed for its rejection by contending that on the basis of the
allegations and the material available on record, no case for grant of bail
is made out.
Considering the facts and circumstances of the case, but
without commenting anything on the merits of the case,
IA.No.27380/2020 is allowed and it is directed that jail sentence of
appellant No.1-Bhagwandas will remain under suspension subject to
verification that the amount of fine has been deposited, on appellant's
furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only)
with one solvent surety of the like amount to the satisfaction of
03Cr.A.8381/2018
concerned Trial Court for his appearance before the Principal
Registrar of this Court on 28th March, 2022 and thereafter on such
further dates as may be fixed by the office of this Court in this regard
till disposal of the appeal.
C.c. as per rules.
(Rohit Arya) (Deepak Kumar Agarwal)
Judge Judge
vv
VALSALA
VASUDEVAN
2021.12.14
10:50:02
+05'30'
