Bhuwansingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 4108 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 1608 of 2013
                                               (BHUWANSINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-03-2023
                                 Ms. Sharmila Sharma, learned counsel for the appellant.

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

Heard on I.A. No.15148/2022, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf

of appellant-Bhuwansingh.

The trial Court has convicted the appellant under Section 302 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.2,000/- with default stipulation and under section 341 of the IPC with fine of Rs.500/- with default stipulation, vide judgment of conviction and order of sentence dated 28.10.2013 passed by First Additional Sessions Judge, Khargone, West Nimar (M.P.) in S.T. No.64/2013.

As per prosecution case, on 19.01.2013 at about 5 p.m. at the agricultural land of Remsingh situated at village Galtar, P.S. Bhagwanpura appellant

assaulted deceased Gendalibai by means of stone. Due to the injuries the deceased died on 20.01.2013.

Learned counsel for the appellant submits that the appellant had no motive or premeditation to kill the deceased. The incident occurred due to sudden quarrel between the deceased and the appellant therefore, offence falls under section 304 of the IPC. Appellant is in custody since 23.01.2013. Final hearing of this 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 Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 16-03-2023 13:23:08

released on bail.

Per Contra, learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant for suspension of jail sentence but has not disputed the custody period of the appellant.

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

Considering the evidence available on record against the appellant and also 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.15148/2022 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 02.05.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A. No.15149/2022 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

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 16-03-2023
13:23:08