Bhuralal vs The State Of Madhya Pradesh
2023 Latest Caselaw 9906 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                          CRA No. 5211 of 2023
                                           (BHURALAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 30-06-2023
                                 Shri Vivek Singh, learned counsel for the appellants.

                                 Shri Bhuwan Deshmukh, learned Govt. Advocate for respondent/State.

Heard on I.A.No. 8381/2023 which is first application under section 389 (1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.1 Bhuralal and appellant No.2 Laxman.

2) Appellant No.1 has been convicted under Sections 394/397 of IPC and

25(1-B)(B) of Arms Act and sentenced to undergo 7 years RI & 1 year RI and

fine of Rs.500/- & Rs.100/- with default stipulation.

3) Appellant No.2 has been convicted under Section 394/397 of IPC and

sentenced to undergo 7 years RI and fine of Rs.500/- with default stipulation.

3) As per the prosecution case, a complaint was lodged by Gulab Singh on

26.03.2014 that when his younger brother Rajaram and complainant were

watching their field in the night at about 2:30 AM, 4 unknown persons entered into

their field with weapon and caused injuries to both of them and had snatched their

gold earring and ran away. In the report, it is stated that the face of the accused

persons were covered. As per prosecution the earrings are said to be recovered

from the present appellants.

4) Counsel for the appellants submits that so far the identification of the

appellants are concerned, the same is insignificant because as per the report, the

face of the accused persons were covered. It is further submitted that so far

seizure of the earrings is concerned, the seizure witness P.W.2 Kanaji has not

supported the prosecution case and the other seizure witness Bhanwarlal has not

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 30-06-2023 17:28:19

been examined by the prosecution. He further submits that so far identification of

article is concerned, PW-9 Suresh Singad, who had conducted the identification of

the articles has not supported the prosecution case. He has also turned hostile. He

further submits that the alleged seized articles were not produced before the Court

during the trial and there is a lacuna by the prosecution. In support of his

submission, he has placed reliance on a judgment passed by the Apex Court in the

case of Deonarayan Singh & Ors. vs. Commissioner of Bhagalpur & Ors.

(1997) 10 SCC 51. They were on bail during the trial and did not misuse the trial.

5) Counsel for the State opposes the prayer for grant of suspension of

sentence.

6) After hearing learned counsel for the parties and taking into consideration

that the seizure witness PW-2 has not supported the prosecution case and the

other seizure witness has not been examined, so far identification of article is

concerned, PW-9 who has conducted the identification of the articles has turned

hostile and has not supported the prosecution case, the appellants were on bail

during the trial and did not misuse the liberty, this Court is of the considered view

that it is a fit case for suspension of the sentence and grant of bail to the

appellants. Hence, without expressing any opinion on merits of the matter I.A.No.

8381/2023 is allowed and jail sentence of the appellants shall remain suspended.

7) It is directed that subject to depositing the fine amount, if already not

deposited, appellant No.1 Bhuralal and appellant No.2 Laxman shall be released

on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty

thousand only) each alongwith separate solvent surety in the like amount to the

satisfaction of Trial Court, for their appearance before the Registry of this Court

firstly on 09.10.2023 and on such other dates, as may be fixed by the Registry in

this regard, till final disposal of this revision.

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 30-06-2023 17:28:19

Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 30-06-2023 17:28:19