Bhagatram vs The State Of Madhya Pradesh
2023 Latest Caselaw 4032 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 91 of 2012
                                               (BHAGATRAM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-03-2023
                                 Ms. Rajni Vajpayee, learned counsel for the appellant.

                                 Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
                           respondent/State.

Heard on I.A. No.5817/2022 repeat 4 th application for suspension of jail sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of

appellant-Bhagatram.

First application for suspension of jail sentence of the appellant was temporarily allowed for vide order 19.04.2012 thereafter, second application for suspension was dismissed vide order dated 07.12.2012 and third application for suspension was dismissed as withdrawn vide order dated 06.01.2017.

The trial Court has convicted the appellant under Section 302 of I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.15,000/- with default stipulation, under section 201 of the I.P.C. and sentenced to undergo 3 years of R.I. with fine of Rs.5,000/- with default stipulation respectively vide

judgment of conviction and order of sentence dated 13.12.2011 passed by First Additional Sessions Judge, District Ratlam in S.T. No.195/2010.

As per prosecution case, on 08.05.2010 at about 7 p.m. present appellant and co-accused persons had murdered the deceased Siraj Khan.

Learned counsel for the appellant submits that the trial court has acquitted all other co-accused persons except the present appellant. The entire prosecution case depends upon circumstantial evidences. Appellant is in custody for more than 12 years i.e. from 31.05.2010. Final hearing of this Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 15-03-2023 11:47:16

appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant by submitting that dead body of the deceased was recovered at the instance of appellant and apart from that bloodstained axe and motor cycle of deceased was also recovered at the instance of appellant, but learned Govt. Advocate has not objected about the custody period of the appellant.

We have heard learned counsel for both the parties and perused the record.

Considering the custodial period of the appellant coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A.No.5817/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 24.04.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A. No.5820/2022 for urgent hearing stands closed. List for final hearing in due course.

C.C. as per rules.

                             (S. A. DHARMADHIKARI)                           (PRAKASH CHANDRA GUPTA)
                                      JUDGE                                           JUDGE
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 15-03-2023
11:47:16

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 15-03-2023
11:47:16