Bhadu @ Bhadlitya vs The State Of Madhya Pradesh
2022 Latest Caselaw 5933 MP

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  IN THE HIGH COURT OF MADHYA PRADESH AT INDORE


                         CRA No. 1612 of 2013
              (BHADU @ BHADLITYA Vs THE STATE OF MADHYA PRADESH)


Dated : 22-04-2022
      Ms. Sharmila Sharma, learned counsel for the appellant.
      Shri Bhaskar Agrawal, learned counsel for the respondent/State.

Heard on I.A. No.2589/2022, which is 6th repeat application for suspension of sentence. 5th application for temporary suspension was dismissed vide order dated 18.06.2021 as having rendered infructuous and 4th application for suspension of sentence was dismissed vide order dated 12.02.2013 with liberty to file fresh application after completion of 10 years' sentence. Appellant- Bhadu @ Bhadaliya has completed 10 years of jail sentence, hence, the present application is filed.

The appellant and two others have been convicted under Section 302 and Section 302/34 in alternative Section 324/34 of IPC vide judgment dated 03.09.2013 passed by 2 nd Additional Sessions Judge, Alirajpur in Session Trial No.126/2012.

As per prosecution story, on 24.02.2012, these three appellants went to the house of the deceased-Habu because he had committed an accident and caused injuries. These appellants were carrying bow and arrows with them as they belong to Bheel community. Habu came out from his house carrying his licensed gun with him and some altercation took place between them and the appellant- Bhadu @ Bhadaliya shot an arrow, which hit on the chest of the deceased and he died. These

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appellants snatched the gun and fled away from the spot. Accordingly, F.I.R. was registered against all the three appellants. Out of all the three appellants, this appellant - Bhadu @ Bhadaliya has been convicted under Section 302 of IPC and other two appellants have been convicted under Section 324/34 of IPC and sentenced to undergo 2-2 years RI.

Learned counsel for the appellant submits that the appellants went to the house of the deceased to make complaint of the accident but, he came out of his house with gun and out of anger, he shot the fire. She further submits that 10 years' period has completed and this appeal is of the year 2013 and the same is not likely to come for final hearing in near future. She prays for suspension of sentence of the appellant.

Learned Govt. Advocate for the respondent/State opposes the prayer for suspension of sentence.

Considering the facts and circumstances of the case, allegations against appellant and period of custody and there is no likelihood of final hearing of this criminal appeal in near future, without commenting on the merits of the case the application for suspension of sentence I.A. No.2589/2022 is allowed. Execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant - Bhadu @ Bhadaliya be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

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The appellant shall mark his presence before the registry of this Court on 21/11/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.2589/2022 stands disposed of.

List the appeal for final hearing in due course.

Certified copy as per rules.

        (VIVEK RUSIA )                     (AMAR NATH (KESHARWANI))
           JUDGE                                     JUDGE


    N.R.

Digitally signed by
NARENDRA KUMAR
RAIPURIA
Date: 2022.04.23
14:11:04 +05'30'