Vinod vs The State Of Madhya Pradesh
2023 Latest Caselaw 20802 MP

Madhya Pradesh High Court

Vinod vs The State Of Madhya Pradesh on 8 December, 2023

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 2582 of 2022
                                                 (VINOD Vs THE STATE OF MADHYA PRADESH)

                          Dated : 08-12-2023
                                Shri Govind Pal Singh Songara, counsel for the appellant.

                                Shri K. K. Tiwari, Government Advocate for the respondent/State.

Heard on I.A.No. 3962/2022, application for condonation of delay of 2714 days in filing this appeal.

For the reasons stated in the application the same is hereby allowed.

Delay in filing the appeal stands condoned.

Also heard on the question of admission.

Appeal is admitted for hearing.

Also heard on I.A.No. 14866/2023, which is first application for suspension of sentence and grant of bail under Section 389(1) of the Cr.P.C. filed on behalf of appellant - Vinod.

Appellant stands convicted vide judgment of conviction and order of sentence dated 30.06.2014 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Mandsaur (M.P.) in Special Criminal Case No. 10/2013 for

offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 100/- and Section 357(3) of the IPC and sentenced with fine of Rs. 25000/- and default stipulations.

As per the case of the prosecution, Badamibai who is the mother of the appellant had suspicion that her husband Balu had illicit relation with deceased Bhuribai. Over this issue, Badamibai had dispute with the deceased and her husband on several occasions. Even on the date of incident, some altercation took place between them. After some time, the appellant along with his brother

Raju went to the field where deceased Bhuribai used to work and committed her murder.

Learned counsel for the appellant submits that the appellant has not committed any offence. He has falsely been implicated in the case. Dhanna (PW-3) husband of the deceased, the only eye-witness in the case, had turned complete hostile. Appellant is in custody since more than 11 years. Appeal is of the year 2022 and its final hearing is not possible in the near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

Learned Government Advocate for the respondent/State has opposed the

prayer of the appellant and submitted the trial Court has rightly convicted the appellant on the basis of cogent evidence.

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

Looking to the facts and circumstances of the case and the custody 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.14866/2023 is allowed and the jail sentence of appellant is suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant Vinod s/o Balu 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. He shall appear before the Registry of this Court firstly on 15.02.2024, and on such other dates, as may be fixed by the Registry in this regard, till final

disposal of this appeal.

I.A. No.14866/2023 and I.A.No. 3962/2022 stand closed. List for final hearing in due course.

                             (S. A. DHARMADHIKARI)                                (PRANAY VERMA)
                                      JUDGE                                           JUDGE

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