Bhadiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 13691 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 8329 of 2022
                                          (BHADIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-08-2023
                                Shri Siddharth Datt - Advocate for the appellants.

                                Shri A.S. Baghel - Government Advocate for respondent/State.

Heard on I.A. No.17673/2022, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellants No.1 Bhadiya and appellant No.2 Ramrati arising out of judgment dated 07.09.2020 (State of

Madhya Pradesh vs. Bhadiya and others) delivered in ST No.100/2019 by Additional Judge, Betul District Betul.

T h e appellants have been convicted under Section 143 of IPC and sentenced to undergo imprisonment for 3 months, under Section 147 of IPC and sentenced to undergo imprisonment for 6 months and under Section 302 read with Section 149 of IPC and sentenced to undergo imprisonment for life, with fine of Rs.500/- each, with default stipulation.

It is submitted by the learned counsel for the appellants that the appellant No. 1 Bhadiya and appellant No. 2 Ramrati are innocent and appellant No. 1

Bhadiya is 78 years old and appellant No. 2 Ramrati is 75 years old. This is their first application for suspension of sentence under Section 389 (1) of Cr.P.C.

As per the prosecution story on 18.07.2019, a quarrel took place between the appellants and deceased Dwarka Bai then Rajendra Sahu alias Narayan who is son of the present appellants poured kerosene oil on the deceased Dwarka Bai and Bhola set her ablaze, due to which Dwarka Bai sustained injuries and died on the same day.

Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 8/24/2023 6:12:51 PM

Learned counsel for the appellant submits that there is nothing to indicate that deceased was in a fit state of mind to give dying declaration. Learned trial Court has failed to appreciate the evidence in proper perspective. Learned counsel for the appellants relied on the case of Anil Ari v. State of West Bengal (2009) 11 SCC 363 in which the Hon'ble the Supreme Court in paras 2, 7 and 8 in a murder trial granted the benefit of Section 389 of Cr.P.C. to the appellant aged 70 years and who was in jail for about 1 year, only on the sole ground of his age and not on merit of the case. Hence he prays for suspension of sentence.

Learned counsel for the State supports the judgment of the trial Court

and prays for suspension of sentence.

We have perused the record of ST No. 100/2019, Crime No. 183/2019, Police Station Betul Bazar, District Betul. Appellant No. 1 Bhadiya has remained in judicial custody from 18.07.2019 to 19.03.2020. Appellant No. 2 Ramrati has remained in custody from 03.10.2019 to 19.02.2020 and from date of judgment dated 07.09.2020 till date. In the arrest memo Ex. P-16, age of appellant No. 1 Bhadiya Sahu S/o Bhabhutiya Sahu has been mentioned as 78 years and in arrest memo Ex. P/18, age of Ramrati Sahu W/o Bhadiya Sahu has been mentioned as 75 years. Looking to the age factor only of the present appellants for suspension of sentence and without expressing any opinion on the merits of the case, this Court is of the view that the appellant No. 1 Bhadiya Sahu and appellant No. 2 Ramrati Sahu can be released on bail as the final disposal of this appeal will take considerable time.

Hence, I.A No.17673/2022 is allowed.

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

Signature Not Verified deposited), the remaining jail sentence of appellant No. 1 Bhadiya Sahu and Signed by: VINAY KUMAR VERMA Signing time: 8/24/2023 6:12:51 PM

appellant No. 2 Ramrati Sahu is hereby suspended and it is directed that they be released on bail on their furnishing a surety for a sum of Rs. 30,000/- each along with personal bond of Rs. 30,000/- each to the satisfaction of the concerned trial Court with a further direction to appear before the trial Court, Betul District-Betul on 04.12.2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Accordingly, I.A No.17673/2022 is disposed of. Certified copy as per rules.

                             (SUJOY PAUL)                                 (AVANINDRA KUMAR SINGH)
                                JUDGE                                              JUDGE

                          vkv /-




Signature Not Verified
Signed by: VINAY KUMAR
VERMA
Signing time: 8/24/2023
6:12:51 PM