Bhangriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 6779 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 1223 of 2012
                                                (BHANGRIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-04-2023
                                 Ms. Sharmila Sharma, learned counsel for the appellant.

                                 Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
                           respondent/State.

Heard on I.A. No.2131/2023, which is repeat Second application for suspension of sentence and grant of bail filed under section 389(1) of the

Cr.P.C. on behalf of appellant-Bhangriya.

First application of the appellant was dismissed in default vide order dated 04.02.2013.

T he trial Court has convicted the appellant under Section 302 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.1,000/- with default stipulation vide judgment of conviction and order of sentence dated 14.09.2012 passed by the Second Additional Sessions Judge Sendhwa, District-Barwani in S.T. No.01/2012.

As per prosecution case, during period of 08.12.2011 to 11.12.2011 the

present appellant gave blow to his wife/deceased Dhunchari Bai on her head by means of stone. Due to head injuries she had died and her body was found in Lahuriya Faliya Nalla situated at Takiapani, P.S. Barla, District-Barwani.

Learned counsel for the appellant pressing this application only on the ground of custody and submits that the appellant is in custody since 18.12.2011 i.e. more than 11 years. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 27-04-2023 13:02:33

P e r contra, learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant but has not disputed the custody period.

We have heard learned counsel for both the parties and perused the record.

Considering the custodial period of the appellant which is more than 11 years coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.2131/2023 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not

deposited, appellant-Bhangriya shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 24.07.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A. No.2132/2023 urgent hearing also stands closed. List for final hearing in due course.

C.C. as per rules.

                                  (S. A. DHARMADHIKARI)                      (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                      JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 27-04-2023
13:02:33