Madhya Pradesh High Court
Bunty Malviya vs The State Of Madhya Pradesh on 6 December, 2023
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 10555 of 2019
(BUNTY MALVIYA Vs THE STATE OF MADHYA PRADESH)
Dated : 06-12-2023
Ms. Harshlata Soni, learned counsel for the appellant.
Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.
He a r d on I.A. No.15508/2023, which is second application for
suspension of of jail sentence and grant of bail filed under section 389 of the
Cr.P.C. on behalf of appellant - Bunty Malviya S/o Rameshwar Malviya.
2 . The appellant has been convicted vide judgment of conviction and
order of sentence dated 07.05.2019 in S.T.(Sessions Case) No.54/2017, passed
by the IIIrd Additional Sessions Judge, Dhar, District Dhar(M.P.) for offence
punishable under Section 302 of IPC to undergo sentence of Life Imprisonment
with fine of Rs.1,000/- and under Section 201 of IPC sentenced to 7 years RI
with fine of Rs.1,000/-with default stipulations. His first application has been
dismissed as withdrawn vide order dated 28.05.2021.
3. As per prosecution case, on 28.02.2017, at about 03:00-03:05 p.m., on
the the basis of telephonic information received from one Gajju, that a fetid
smell is coming from a damaged house situated near old disleri, the police party
reached the spot and they found that a decomposed dead body was lying there.
The informer and his friend Sunil identified the dead body as Mandar Fadnis.
Upon this, the information to this effect was given to his family members, who
also identified the same as the dead body of Mandar Fadnis. Accordingly,
merg was registered and as per postmortem report, cause of death was
excessive bleeding due to stab injury. During investigation, memorandum of
present appellant was recorded in which he confessed that he had committed
the murder of deceased by means of knife. On the basis of the aforesaid, a case
has been registered.
4. Learned counsel for the appellant submitted that the present appellant
is innocent and he has been falsely implicated in the case. The present case is
based on circumstantial evidence as there is no eye-witness to the incident. All
the material prosecution witnesses are interested witnesses. There are material
contradictions and omissions in the statement of material prosecution
witnesses. The appellant is in custody since 6 years and 8 months. This appeal
is of the year 2019. Final hearing of the appeal is not possible in near future,
therefore, it is prayed that remaining jail sentence of the appellant may be
suspended and he may be released on bail.
5. Learned Govt. Advocate for the respondent/State opposed the prayer
and submitted that as per statement of Sakshi Fadnis(PW3), wife of deceased,
she completely supported the prosecution case and deposed that on 25.02.2017
her husband received a call on phone from the accused/appellant and he replied
that "I am coming, Bunty" and never returned home. The seizure witnesses
Mayank(PW6) and Jaswir Singh(PW8) also supported the story of the
prosecution. The discovery of facts and confessional statements of accused
and at the instances of accused prosecution constitutes a live link and provides
a strong connection and chain of events between crime and the accused and
there is no explanation on the part of accused in respect of last seen with the
deceased, injuries to the deceased, his absconding act after the incident and
medical evidences. It is further submitted that the custody period of the
appellant is also less which is about 6 years 8 months. Under such
circumstances, application filed by the appellant is liable to be rejected.
6. We have heard learned counsel for both the parties and perused the
record.
7. Taking into consideration the aforesaid facts and circumstances of the
case and other material available on record so also looking to the nature of
offence, coupled with the fact that appellant has not put in considerable period
of custody, at this stage, we are not inclined to grant bail to appellant - Bunty
Malviya S/o Rameshwar Malviya.
8. Accordingly I.A. No.15508/2023 is dismissed.
List for final hearing as per its turn.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
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