Bapurao Bhonsale vs The State Of Madhya Pradesh
2023 Latest Caselaw 5868 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 2394 of 2013
                                       (BAPURAO BHONSALE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-04-2023
                                 Shri Pramod Kumar Chaurasiya - Advocate for the appellants.

                                 Shri Pramod Kumar Pandey - Government Advocate for the
                          respondent/State.

IA. No.22530/2022, fourth repeat applications u/S.389(1) Cr.P.C. for suspension of sentence moved on behalf of appellant No.2- Sambharao

Bhonsale, after rejection of earlier ones none of which had been dismissed on merits, is taken up and considered along with reply of the State.

This criminal appeal assails the judgment dated 15.03.2013 passed in S.T. No.135/2012 by Sessions Judge, East Nimar, Khandwa whereby appellant No.2 has been convicted u/S.302 of IPC and sentenced to undergo R.I. for life with fine of Rs.5,000/- with default stipulations.

Prosecution story found to be proved as per the impugned judgment is that on the fateful day, appellant No.2- Sambharao Bhonsale came to the spot and gave several knife blows on the chest, face and hand of deceased- Ajaynath

@ Ajinath, who died due to the said injuries.

Appellant No.1- Bapurao Bhonsale has already been released on bail by order dated 10.03.2014 since he was not attributed with causing any knife blow.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the fact that appellant has suffered more than 10 years of incarceration as against life sentence inflicted and objection of State does not reveal presence of any criminal antecedent and also that appellant No.2 was a Signature Not Verified Signed by: SATEESH KUMAR SEN Signing time: 4/12/2023 10:24:04 AM

young man of 20 years at the time of incident which took place in January, 2012 and there are no other incriminating circumstnaces to deny bail to appellant No.2, this Court in view of recent two decisions of Apex Court in the case of Sonadhar vs. The State of Chhattisgarh in SLA(Crl) No.529/2021 and Saudan Singh vs. The State of Uttar Pradesh in Criminal Appeal No.308/2022, is inclined to grant bail to appellant No.2- Sambharao Bhonsale by way of suspension of sentence especially in view of the fact that there is no hope of appeal being decided in near future.

Accordingly, IA.22530/2022 is allowed.

It is directed that jail sentence of appellant No.2- Sambharao

Bhonsale will remain under suspension subject to deposit of fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of concerned available Magistrate for his appearance before concerned available Magistrate on 08.05.2023 and on such further dates as may be fixed in this regard which shall be of frequency not less than once a year.

In case, appellant No.2- Sambharao Bhonsale is found absent on any date fixed by the concerned available Magistrate, then concerned available Magistrate shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court is kept informed.

A copy of this order be sent to the trial Court concerned for compliance. C.C. as per rules.

                            (SHEEL NAGU)                                        (MANINDER S. BHATTI)
Signature Not Verified
Signed by: SATEESH
KUMAR SEN
Signing time: 4/12/2023
10:24:04 AM

                                    JUDGE       JUDGE
                          Sateesh




Signature Not Verified
Signed by: SATEESH
KUMAR SEN
Signing time: 4/12/2023
10:24:04 AM