Madhya Pradesh High Court
Bechu @ Mahesh Bhawar Bhil vs The State Of Madhya Pradesh on 22 December, 2023
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 4961 of 2017
(BECHU @ MAHESH BHAWAR BHIL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 22-12-2023
Ms. Sonali Gupta, learned counsel for the appellant no.1 &3.
Shri Gaurav Singh Chouhan, learned Dy. G.A. for the
respondent/State.
Heard on I.A. No.17829/2023, which is repeat second application under
Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail filed on
behalf of the appellant No.1-Bechu@Mahesh Bhawar Bhil and appellant no.3-
Chamariya@Raju Chouhan Bhil.
2. First application for suspension of jail sentence of appellant No.1 and
3 was dismissed on merits vide order dated 31.01.2023.
3. Learned Trial Court has convicted the appellant under Sections 396
and 460 of IPC and sentenced him to undergo life imprisonment with fine of
Rs.10,000/- and RI for 05 years with fine of Rs.5,000/- respectively with default
stipulations, vide judgment of conviction and order of sentence dated
12.09.2017 passed by the Special Judge, SC/ST Act, Dewas in S. T.
No.2100375/2013.
4 . As per prosecution case, in the intervening night of 04-05.06.2013,
appellant alongwith co-accused persons entered into the house of deceased
Rajesh Yadav and snatched Nokia mobile phone from his wife Meena Bai. The
accused persons looted cash of Rs.20,000/-, gold and silver ornaments and
murdered deceased Rajesh Yadav.
5. Learned counsel for the appellants submit that the vide order dated
03.11.2023 co-appellant Revsingh has been given the benefit of suspension of
jail sentence and grant of bail and the case of the present appellants is identical
with that of co-appellant Revisingh therefore, the benefit of bail should be given
to the present appellants on the parity basis. Hence, remaining jail sentence of
the appellants may be suspended and they may be released on bail.
6. Per contra, learned counsel for the respondent/State has opposed the
prayer, but has fairly submitted that that case of the present appellants is
identical with the co-appellant Revisingh.
7. We have heard learned counsel for the parties and perused the record.
8. Considering the facts and circumstances of the case coupled with the
fact that case of present appellants is similar with the co-appellant Revsingh,
without expressing any opinion on merits of the case, coupled with the fact that
final hearing of this appeal is not possible in near future, looking to the custodial
period of the appellant, we are inclined to suspend the remaining jail sentence of
the appellant. Accordingly, I.A. No.17829/2023 is allowed.
9. It is directed that subject to depositing the fine amount, if already not
deposited, appellant No.1-Bechu@Mahesh Bhawar Bhil and appellant no.3-
Chamariya@Raju Chouhan Bhil shall be released on bail, on furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only)each
with separate sureties each to the satisfaction of Trial Court, for their
appearance before the Registry of this Court firstly on 26.02.2024, and on
such other dates, as may be fixed by the Registry in this regard, till final
disposal of this appeal.
10. List the matter for final hearing in due course.
Certified copy, as per Rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
ajit
