Bharu vs The State Of Madhya Pradesh
2023 Latest Caselaw 2779 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 578 of 2017
                                                (BHARU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-02-2023
                                 Shri Pankaj Ajmera, learned counsel for the Appellant [A-1].

                                 Shri K. K. Tiwari, learned G.A. for respondent/State.

Heard on I.A. No.8334/2022, which is Second application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of the appellant - Bharu.

The first application I.A. No. 5519/2017, for suspension of sentence was dismissed as withdrawn vide order dated 29.11.2017.

Learned Trial Court has convicted the appellant under Section 394 of IPC and sentenced him to undergo life imprisonment with fine of Rs.10,000/- with default stipulation, vide judgement of conviction and order of sentence dated 31.01.2017 passed by the Additional Sessions Judge, Jhabua in S.T. No.13/2015.

As per prosecution case, on 14.10.2014 at about 3:00 to 4:00 am, the complainant Mohanlal Rathore and his family members were sleeping in the

house. The appellants and other two unknown persons entered in the house of complainant by breaking up the door and broken the lock of Almirah and take out 5 kg silver and cash of Rs. 80,000/- and ran out of the house. The appellants followed by Radha Krishna Rathore, who gun fired and appellants also fired in the air. The appellants had thrown piece of stone towards the people who were following them that's why Deepesh Rathore and Radha Krinshna received injuries. Lastly, they had caught the appellants and produced them at the Police Station. An F.I.R. was lodged at 4:00 PM on the same day at Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 16-02-2023 17:27:53

Police Station Ranapur, District Jhabua. Police had arrested the appellants and recovered silver ornaments from appellant Prakash and cash of Rs. 50,000/- from appellant Bharu.

Learned counsel for appellant submits that identification of cash and ornaments has not been established by the prosecution, the appellant has not committed any offence and he has falsely been implicated in the case. He is in custody since 14.10.2014. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining sentence may be suspended and the appellant may be released on bail.

Learned Government Advocate for the respondent/State has opposed the

prayer and submits that appellant has criminal criminal past. As per Para 37 of the impugned judgment, 16 criminal cases like this offence were pending against the appellant. Therefore, application for suspension of sentence is liable to be rejected.

We have heard learned counsel for the parties and perused the record. Considering the evidence available on record, we are not inclined to suspend the jail sentence of the appellant. I.A. No.8334//2022 is accordingly rejected.

In view of aforesaid, I.A. No.11596/2022 and I.A. No. 11581/2022, which is an applications for urgent hearing, stands disposed of.

List the matter for final hearing in due course.

                              (S. A. DHARMADHIKARI)                          (PRAKASH CHANDRA GUPTA)
                                       JUDGE                                          JUDGE

                           Vatan




Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 16-02-2023
17:27:53