Bhure @ Bhurelal vs The State Of Madhya Pradesh
2023 Latest Caselaw 2162 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 8454 of 2018
                                       (BHURE @ BHURELAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 07-02-2023
                                   Shri Prakhar Tiwari - Advocate for the appellants.

                                   Shri C.K. Mishra - Government Advocate for the respondent/State.

Heard on I.A. No.12834/2020, which is third application for suspension of sentence and grant of bail filed on behalf of appellants No.2, 4 and 6, namely, Asharam, Munshilal and Hallebhai @ Vikram, respectively. Earlier

application has been dismissed as withdrawn.

T he appellants have been convicted by the trial Court under Sections 302/149, 307/149, 148 of the IPC and sentenced to R.I. for life with fine of Rs.500/-, R.I. for 5 years with fine of Rs.500/- and R.I. for 2 years, respectively, with default stipulations.

Learned counsel for the appellants has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellants for the aforesaid offences. It is submitted that the other co-accused persons, namely, Bhure @ Bhurelal, Ramlal

and Rahul, have been enlarged on bail by this Court vide order dated 11.01.2019. It is further submitted that as per PW/3-Jyotish, it was Sonu who inflicted fatal blows to the deceased on his neck. The appellants are in custody since year 2016. Disposal of this appeal would take considerable time, hence, jail sentence of the appellants may be suspended and they may be released on bail.

Learned Government Advocate has opposed the application. Although it is submitted by counsel for the appellants that Sonu caused Signature Not Verified Signed by: PRACHI PANDEY Signing time: 2/8/2023 7:11:53 PM

fatal injuries to the deceased, but in the impugned judgment, it is mentioned that the doctor found total 11 injuries on the person of the deceased, out of which, 9 were incised wounds and 2 were simple wounds.

Considering the aforesaid and looking to the active participation of the appellants in causing injuries to the deceased by using sharp cutting weapon, at this juncture, we are not inclined to enlarge the appellants on bail and suspend their sentence.

Accordingly, I.A. No.12834/2020 is rejected.

                              (SMT. ANJULI PALO)                          (RAJENDRA KUMAR (VERMA))
                                    JUDGE                                           JUDGE

                           Prachi




Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 2/8/2023
7:11:53 PM