Madhya Pradesh High Court
Bhilya @ Bhimsingh vs The State Of Madhya Pradesh on 16 February, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 8596 of 2022
(BHILYA @ BHIMSINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 16-02-2023
Shri Ashish Joshi - Advocate for the appellant.
Shri K. K. Tiwari - Govt. Advocate for the respondent/State.
Heard on I.A.No.12902/2022, which is first application for suspension of
sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of
appellant - Bhilya.
The trial Court has convicted the appellant under Sections 302 and 201
of I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.10,000/-
and RI for 07 years with fine of Rs.10,000/- respectively, with default
stipulation, vide judgment of conviction and order of sentence dated 25.09.2021
passed by Additional Sessions Judge, Dharampuri, District- Dhar in S.T.
No.200439/2016.
As per prosecution case, the deceased Gudi Bai was earlier married with
Sheru and thereafter, one year prior to the incident, the deceased remarried with
the appellant. The appellant and the deceased used to live in village Simroli,
Police Station Dhamnod, District Dhar. On 04.08.2016 at about 7:30 PM, Anar
Singh Patel found that the dead body of the deceased was lying near stop dam
situated at village Surani, Police Station Dharampuri. A Dehati Nalsi Exhibit-
P/1 was lodged on the same day against an unknown person. During
postmortem, it was found that the deceased was dead due to strangulation.
During investigation, it was found that the appellant murdered the deceased and
took her dead body by motorcycle and threw the body in the near aforesaid
stop dam.
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 17-02-
2023 10:17:19
Learned counsel for the appellant submits that there is no eye witness in
the case and entire prosecution case is based upon circumstantial evidence.
Appellant has not committed any offence and he has falsely been implicated in
the case. Appellant is convicted and sentenced solely on the ground of his
memorandum, but no incriminating material was recovered from him. Appellant
was in custody since 11.09.2016-10.03.2017 and he is also in custody from the
date of the judgement i.e., 25.09.2021. Final hearing of this appeal is not
possible in near future therefore, it is prayed that remaining jail sentence may be
suspended and the appellant may be released on bail.
Learned Govt. Advocate for the respondent/State has opposed the
prayer of the appellant and prays for rejection of the application of the
appellant.
We have heard learned counsel for both the parties and perused the
record.
Looking to the facts and circumstances of the case and considering the
evidence available on record coupled with the fact that 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.12902/2022 is allowed and jail sentence of
the appellant shall remain suspended.
I t is directed that subject to depositing the fine amount, if already not
deposited, appellant 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, for his appearance before the
Registry of this Court firstly on 21.03.2023, and on such other dates, as may
be fixed by the Registry in this regard, till final disposal of this appeal.
Signature Not Verified
List for final hearing in due course.
Signed by: SHRUTI JHA
Signing time: 17-02-
2023 10:17:19
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
Shruti
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 17-02-
2023 10:17:19
