Bhao Singh Adivashi vs The State Of Madhya Pradesh
2023 Latest Caselaw 845 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 2171 of 2022
                                     (BHAO SINGH ADIVASHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-01-2023
                                 Shri Sourabh Singh Thakur, Advocate for the appellants.

                                 Shri Ajay Shukla, Government Advocate for the State/respondent

Heard on I.A No.11341/2022 is taken up seeking suspension of sentence and grant of bail to the appellant No.2 Rajkumar Adivashi arising out of judgment dated 29/09/2021 delivered in Sessions Trial No.109/2020, by 1st

Additional Session Judge, Begumganj District Raisen.

The appellant has been convicted under Section 302/34 of the IPC and sentenced to undergo R . I . for life with fine of Rs.2000/- with default stipulations.

Learned counsel for the appellant submits that as per prosecution story, this appellant on 17.06.2020 assaulted Bhagmal (deceased) by means of Danda. As per case of prosecution, complainant Seema Bai (Widow of deceased) is the eye witness. By taking this Court to the statement of Seema Bai, it is submitted that she clearly stated that her husband Bhagmal was drunk on that

day and this statement is corroborated by the post-mortem report wherein liquor was found in the stomach of deceased person. She further deposed that her husband fell down because on that day there were heavy rains. During cross- examination, she clearly deposed that she has not seen anybody assaulting her husband. Thus, it is submitted that the singular eye- witness has not supported the case of prosecution. In the FSL report, the blood found was disintegrated and, therefore, definite opinion could not be formed. The deceased was real brother of the present appellant. This appellant remained in custody for more Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 1/13/2023 6:21:10 PM

than one year and eleven months. The final hearing of this appeal is not possible in near future. The necessary ingredients for attracting Section 302 of IPC are not available. Considering the aforesaid, the remaining jail sentence of the appellant No.2 may be suspended.

Shri Shukla, learned Government Advocate opposed the prayer. Considering the aforesaid factual backdrop and without expressing conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant No.2. Accordingly, I.A. No.11341/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.2- Rajkumar Adivashi hereby

suspended and it is directed that the appellant No.2 be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Begumganj District Raisen on 17/04/2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                               (SUJOY PAUL)                                 (DWARKA DHISH BANSAL)
                                  JUDGE                                            JUDGE

                          pb




Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 1/13/2023
6:21:10 PM