Bade Bhaiya @ Kware @ Santosh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7579 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 4471 of 2021
                                    (BADE BHAIYA @ KWARE @ SANTOSH Vs THE STATE OF MADHYA PRADESH)

                         Dated : 09-05-2023
                               Shri M. Shafiqullah - Advocate for the appellant.

                               Shri S. M. Patel- Panel Lawyer for the respondent /State.

Heard on I.A.No.2028/2023 an application under Section 389(1) of Cr.P.C. for suspension of sentence pending the appeal.

First application was dismissed as withdrawn vide order dated

22.04.2022.

Appellant has been convicted under Section 304-B of IPC and has been sentenced to undergo R.I. for 10 years and fine of Rs.500/- with default stipulation by the learned Sessions Judge, Katni (M.P.) vide judgment dated 09.03.2021 passed in Sessions Trial No.53/2018 (State of M.P. Vs. Kanchedi Choudhary and others).

Learned counsel for the appellant has submitted that learned trial Court has erroneously convicted the appellant for commission of offence under Section 304-B of IPC. Prosecution has not been successful before the trial

Court to prove its case beyond reasonable doubt. Learned counsel referring the evidence of parents of deceased namely Bhagmaniya Bai (PW-1) and Budhua (PW-3) has submitted that aforesaid witnesses in their evidence whatsoever has stated is not sufficient to constitute an offence under Section 304-B of IPC. It is further submitted that in postmortem report, no injury had been found on the person of deceased. She herself had consumed some poisonous substance to end her life. The appellant has fair chances to succeed in appeal. Therefore, it is prayed that appellant be released on bail. Signature Not Verified Signed by: BIJU BABY Signing time:

5/10/2023 2:25:13 PM

O n the other hand, learned Panel Lawyer for the respondent/State has opposed grant of bail.

On a perusal of the evidence of Bhagmaniya Bai (PW-1), Budhua (PW-3) and particularly Tirsiya Bai (PW-4) neighbour of the deceased, I am of the view that no case for suspension of jail sentence is made out. Therefore, this second bail application (I.A.No.2028/2023) is dismissed.

List this case for final hearing in due course.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified Signed by: BIJU BABY Signing time:

5/10/2023 2:25:13 PM