Bhagwandas vs The State Of Madhya Pradesh
2023 Latest Caselaw 9202 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        CRA No. 482 of 2022
                                        (BHAGWANDAS AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 20-06-2023
                                Shri Manish Datt, Senior Advocate along with Mayank Sharma,

                          Advocate for the appellant.
                                Shri AN. Gupta- Government Advocate for the respondent/ State.

Heard on I.A No. 4254 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant no.

Bhagwandas arising out of judgment dated 31.11.2021 delivered in S.T.No.1500091/2014 by Fifth Additional Judge, Singrauli District-Singrauli.

This appellant has been convicted under Section 304-B of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.1000/- and under Section 302 of the I.P.C. and sentenced to undergo Life imprisonment with fine of Rs.1000/-with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted and sentenced the appellant. In this connection, he has referred to para-6 of dying declaration of deceased (Ex.P/2), wherein no active role in the

alleged incident is attributed to the appellant. He further submits that above fact has been later on added/interpolated in the dying declaration. Learned counsel for the appellant submits that cause title of impugned judgment shows that appellant is resident of village Bharoli; whereas the alleged incident had taken place in the Village-Gadhara and the appellant used to live separately from deceased in different village. The appellant was on bail during trial, therefore, it has prayed that the jail sentence of the appellant be suspended and he be released on bail.

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 6/21/2023 5:16:06 PM

Learned Government Advocate has vehemently opposed the prayer and submitted that the learned trial Court has rightly convicted the appellant on the basis of dying declaration (Ex.P/2) Therefore, taking into consideration the role attributed to the appellant in dying declaration (Ex.P/2) but without commenting any opinion on merits of the case, we deem it proper to suspend the jail sentence of the appellant subject to depositing the fine amount (if not already deposited), and and it is directed that this appellant 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 on 07.08.2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Accordingly, I.A.No. 4524 of 2023 is allowed.

                                  Certified copy as per rules


                               (SUJOY PAUL)                                   (ACHAL KUMAR PALIWAL)
                                  JUDGE                                               JUDGE

                          sh




Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 6/21/2023
5:16:06 PM