Thavriya Bhuriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 4036 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 7924 of 2022
                                            (THAVRIYA BHURIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-03-2023
                                 Ms. Sharmila Sharma, learned counsel for the Appellant.

                                 Shri K. K. Tiwari, learned G.A. for respondent/State.

Heard o n I.A. No.1620/2023, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C filed on behalf of the Appellant No. 1- Thavriya Bhuriya.

T h e Trial Court has convicted the appellant under Section 302 r/w Section 34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs. 10,000/- and Section 307 r/w Section 34 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs. 10,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 25.02.2022 passed by Special Sessions Judge, Jhabua, District- Jhabua (M.P.) in S.T. No. 200251/2012.

As per prosecution case, on 17.03.2009 at about 3:30 am the present appellant Thavriya Bhuriya and co-accused persons Gula and Dinu had assaulted the deceased Jokhibai by means of sword, axe and dhariya

respectively and also committed attempt to murder to babu and assaulted him by their weapons. Due to injuries, Jokhibai had died.

Learned counsel for the appellant submits that husband of the deceased Babu PW-1 and son and daughter of the deceased Moonsingh PW-2 and Laxmi PW-3 have deposed that the present appellant had assaulted the deceased by sword on her chest and stomach, but Dr. N.S. Kanas PW-4 who conducted postmortem of the deceased had not found any injury on her chest and stomach, therefore statement of witnesses is not reliable, but the Trial Court Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 15-03-2023 13:09:43

has wrongly relied on their statement. The appellant has not committed any offence and has falsely been implicated in the case. During trial, the present appellant was on bail, he is in custody since the date of the judgment i.e., 25.02.2022. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that remaining jail sentence may be suspended and the appellant may be released on bail.

Learned Govt. Advocate for the respondent/State opposes the prayer of appellant and prays for rejection of application for suspension of sentence.

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

Considering the statements of witnesses Babu PW-1, Moonsingh PW-2, Laxmi PW-3 and Dr. N.S. Kanas PW-4 and also considering the other evidence available on record, coupled with the fact that final hearing of this appeal is not possible in near future. Therefore, we are inclined to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.1620/2023, is allowed. I t is directed that subject to depositing the fine amount, if already not deposited, Appellant No.1- Thavriya Bhuriya shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 15.06.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 15-03-2023 13:09:43

(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA) JUDGE JUDGE Vatan

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 15-03-2023 13:09:43