Bholeram @ Raju vs The State Of Madhya Pradesh
2023 Latest Caselaw 2940 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 1079 of 2013
                                           (BHOLERAM @ RAJU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-02-2023
                                Shri Manish Datt - Senior Advocate with Shri Siddharth Datt -

                          Advocate for appellant.
                                Shri Ritwik Parashar - Government Advocate for respondent/State.

I.A.No.3027 of 2021 is the second application seeking suspension of sentence and bail filed on behalf of appellant - Bholeram @ Raju (accused

No.2), who has been convicted for the offence punishable under Sections 302, 394, 120-B and 201 of the IPC and sentenced to life imprisonment with fine of Rs.25,000/-, R.I. for ten years with fine of Rs.10,000/-, R.I. for ten years with fine of Rs.10,000/- and R.I. for five years with fine of Rs.5,000/- respectively with default stipulations vide impugned judgment dated 29.01.2013 passed by the Additional Sessions Judge, Shahdol in Sessions Trial No.145 of 2004.

On filing the instant criminal appeal, he was granted bail vide order dated 23.09.2013 with one of the conditions about marking his presence. However, by the subsequent order of this Court dated 19.01.2015, the bail order was

cancelled.

Learned counsel for the appellant contends that the question of cancellation would not arise for consideration. He is in custody in another case. The said fact is not disputed by the Government Advocate.

That he was in custody and serving sentence in S.T. No.346 of 2004 is undisputed. Therefore, when he is undergoing sentence in one case he could not have presented himself for complying with the bail condition in yet another offence that he has committed.

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 2/21/2023 12:00:37 PM

Therefore, we find that the very basis of cancellation of the order is incorrect. Hence, the order dated 19.01.2015 is recalled. The order granting bail to the appellant- Bholeram @ Raju (accused No.2) on 23.09.2013 is restored on the conditions as mentioned therein.

He shall mark his appearance before the Registry of this Court on 10.04.2023 and thereafter on such other subsequent dates as may be fixed in that behalf.

I.A. No.3027 of 2021 is accordingly disposed off. I.A.No.6848 of 2022 is an application filed by appellant for taking additional documents on record.

For the reasons assigned, the application is allowed. The additional documents are taken on record.

Pending interlocutory applications are also disposed off.

                                  (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                    CHIEF JUSTICE                                           JUDGE

                          irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 2/21/2023
12:00:37 PM