Bharatlal vs The State Of Madhya Pradesh
2023 Latest Caselaw 14774 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                      CRA No. 10916 of 2022
                                          (BHARATLAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 08-09-2023
                                 Shri Deepak Tiwari, learned counsel for the appellants.

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

Heard on the question of admission.

The appeal is admitted for final hearing.

2. Also I.A. No.1538/2023, which is repeat second application for

suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellants.

3. First application of the appellants was dismissed as withdrawn vide order dated 25.01.2023 with liberty to file appropriate constituted application as per format.

4. The trial Court has convicted the appellants under Section section 302 read with section 34 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.3,000/- and under section 201 read with section 34 sentenced to undergo 3 years R.I. with fine of Rs.2000/- with default stipulations respectively

vide judgment of conviction and order of sentence dated 18/11/2022 passed by Second Additional Sessions Judge, Ratlam (M.P.) in S.T. No.37/2017.

5. As per prosecution case, in the night of 19.10.2016 appellants/accused persons assaulted their father/ deceased Soma. After the death of the deceased appellants had thrown the dead body in a well.

6. Learned counsel for the appellants submits that the appellants have not committed any offence and have falsely been implicated in the case. Eye witnesses of the incident Rakesh (P.W.-3) and Nitesh (P.W.-4) are completely Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 09-09-2023 16:34:48

turned hostile and they have not supported the case of the prosecution. The trial Court has wrongly convicted the appellants on the basis of circumstantial evidences. Chain of circumstances are not complete and are exclusively against the appellants. On the same sets of evidences co-accused Mohan was acquitted by the trial Court but the appellants have been convicted without appreciating the evidences in proper manner. Dr. Bharat Ninama (P.W.-12) had conducted the post mortem of dead body of the deceased but he had not found any injury on the body. Deceased was an old man aged about 55 years and he was addicted to alcohol therefore, it is possible that he himself fell into the well in a state of intoxication. Appellants have served the custodial sentence of around

18 months. During the trial appellants were on bail and after conviction they are in custody. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellants may be suspended and he may be released on bail.

7. Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellants and prayed for its rejection.

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

8. Looking to the facts and circumstances of the case and also considering the custodial period of the appellants 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.1538/2023 is allowed and the jail sentence of the appellant shall remain suspended.

9. It is directed that subject to depositing the fine amount, if already not deposited, appellants-Bharatlal and Ganesh shall be released on bail, on

Signature Not Verified furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Signed by: AJIT KAMALASANAN Signing time: 09-09-2023 16:34:48

Only) each along with separate sureties in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 07.11.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

10. 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: 09-09-2023
16:34:48