Bhartu Alias Bharat vs The State Of Madhya Pradesh
2023 Latest Caselaw 10310 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                             CRA No. 1801 of 2023
           (BHARTU ALIAS BHARAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 06-07-2023
       Shri Atul Gupta- Advocate for the appellants.

       Smt. Anjali Gyanani - Public Prosecutor for the respondent - State.

Heard on I.A.No.7925/2023, first application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.2 Maniram Kherua.

Appellant has been convicted by Additional Session Judge, Lateri,

District Vidisha (M.P.) vide judgment dated 01.12.2022 passed in Sessions Trial No.49/2018 for commission of offence punishable under Section 302/34 of IPC and sentenced to suffer life imprisonment with fine of Rs.100/-; under Section 323/34 of IPC and sentenced to suffer six month's RI, with default stipulation.

Learned counsel for the appellant submits that as per the prosecution case itself, incident took place all of a sudden. He referring to the statement of Raghubir (PW-4) submits that initially quarrel took place between co-accused - Bhujji and Bharat on one side and deceased Pramod on the other side.

Admittedly, during MLC and the post mortem, only one injury was found on the body of the deceased Pramod which is attributed to the co-accused Bhujji. There is nothing on record which indicates that the appellant Maniram was having any common intention with the co-accused person. There was no pre- meditation of mind. It is apparent from the statement of other prosecution witnesses that they came on the spot during the incident and thereafter a free- fight occurred wherein both the parties sustained injuries. Under these

circumstances, the appellant's conviction with the aid of Section 34 of IPC for commission of murder of the deceased is not sustainable. The appellant is in custody and has suffered about 1 year and 11 months' incarceration out of life imprisonment awarded to him. There is no likelihood of hearing of this appeal in near future. Therefore, his remaining jail sentence be suspended and he be enlarged on bail.

Learned counsel for the respondent/State has opposed the prayer and submits that almost all the injured witnesses have supported the prosecution case and deposed that the appellant was very well present on the spot at the time of incident with co-accused Bhujji. Trial Court has rightly convicted the

appellant under Section 302 read with Section 34 of IPC. The offence alleged against him is serious in nature, therefore, he is not entitled to be released on bail.

Heard learned counsel for both the parties and perused the record. Having considered rival submissions and material pointed out by learned counsel for the appellant specifically with regard to the fact that incident took place all of a sudden and deceased Pramod sustained one injury on his body, there is no likelihood of hearing of this appeal in near future and other facts and circumstances of the case, without expressing any opinion on merits of the case, the application is allowed and the remaining jail sentence of the appellant is suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant No.2 - Maniram Kherua shall be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) along with separate solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on

04.09.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.is allowed.

C.C. as per rules.

    (SATYENDRA KUMAR SINGH)                   (SANJEEV S KALGAONKAR)
             JUDGE                                    JUDGE
(alok)


             ALOK KUMAR
             2023.07.06
             14:57:44 +05'30'