Bherulal vs The State Of Madhya Pradesh
2021 Latest Caselaw 1033 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                              Cr.A. No.563/2021
                    (Bherulal and others Vs. State of M. P.)
                                                                                -1-
Indore, dated 24/03/2021

      Mr. Nitendra Vajpayee, learned counsel for the appellant.
      Mr. Aditya Garg, learned counsel for the respondent/State.

Heard on the question of admission.

Admit.

Also heard on I.A. No.893/2021, an application for suspension of custodial sentence filed by the appellant No.2-Girdhari, appellant No.4- Gokul and appellant No.5-Ishwarlal.

As per prosecution story, on 07.03.2014 PW1- Pepabai was returning from Balar Kharsodkala along with her son - PW2 Dashrath on his motorcycle. They reached village- Raodiyapeer near about 5 p.m.. Bherulal along with his wife - Gangabai came there on 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, 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.

Learned counsel for the appellants 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 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Cr.A. No.563/2021 (Bherulal and others Vs. State of M. P.)

injuries received by them as per the evidence of PW 5, PW 10 and PW

11. So far as the allegations against Girdhari, Gokul and Ishwarlal are concerned, they are general in nature. Prima facie, Section 307 is not made.

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.

Accordingly, I.A. No.893/2021 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 appellants in the sum of Rs.40,000/- (Forty Thousand only) each with one solvent surety in the like amount each to the satisfaction of learned trial Court for their appearance before the Registry of this Court, the execution of custodial part of the sentence of appellant No.2-Girdhari, appellant No.4- Gokul and appellant No.5-Ishwarlal shall remain suspended till final disposal of this appeal.

The appellants after being enlarged on bail they shall mark their presence before the Registry of this Court on 10.01.2022 and on all such subsequent dates, which are fixed in this behalf. In view of the above, I.A. No.5521/2021 also stands disposed of.

List for final hearing.

C.C. as per rules.

(VIVEK RUSIA) JUDGE N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.03.25 12:09:19 +05'30'