Pappu Bheda @ Santosh vs State Of M.P.
2023 Latest Caselaw 14952 MP

                                                              1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR


                                                CRA No. 611 of 2013
                           (Pappu Bheda @ Santosh Vs THE STATE OF MADHYA PRADESH)

                       Gwalior dated 11.9.2023
                              Shri S.K.Soni- Advocate for the appellant.
                              Dr.Anjali Gyanani- Public Prosecutor for the respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.11126/2023, 7th application u/Sec. 389(1) of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant-

Pappu Bheda @ Santosh. Earlier applications have been dismissed as

withdrawn.

This criminal appeal assails the judgment dated 18.4.2013 passed

by the 4th Additional Sessions Judge, Distt. Gwalior, in Sessions Trial

No.467/2012, whereby appellant has been convicted under Section 302/34

of IPC and sentenced to suffer life imprisonment with fine of Rs.1,000/-.

Prosecution case in brief is that on 24.6.2012 at 22.15 hours

complainant Mukesh Balmik lodged a report at police Station Thatipur,

Gwalior, to the effect that on 24.6.2012 he along with his nephew Banti,

Manoj, Vikas and Chhotu was going to Sarthak Marriage House to attend a

Signature Not Verified marriage function. At about 8.30 pm when they reached in front of Padma Signed by: MADHU SOODAN PRASAD Oil Mill, Banti was surrounded by appellant Pappu Bheda and co-accused Signing time: 12-09-2023 11:42:32 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

Ramji Mukhiya on account of old enmity. Thereafter on the exhortation of

appellant, co-accused Ramji Mukhiya caught hold of Banti and appellant

with intention to kill inflicted two blows of knife on the left side of his

chest, as a result of which he fell down and died on the spot. Accused

persons afterwards fled away. On his report, crime No.268/2012 was

registered for the offence punishable under Section 302/34 of IPC. After

investigation, charge-sheet was filed and after trial, appellant has been

convicted and sentenced as aforesaid.

It is submitted by learned counsel for the appellant that appellant has

falsely been implicated in the case. As per the report received from the

Superintendent, Central Jail, Gwalior, with remission appellant has already

suffered more than 16 years and 4 months incarceration. It is further

submitted that appellant is suffering from various ailments in the jail. He

has a good case on merits. Final hearing of the appeal will take time. On

such premises, learned counsel for the appellant prayed for bail.

Learned counsel for the State opposed the application and prayed for

its rejection.

Signature Not Verified Considering the facts and circumstances of the case, but without Signed by: MADHU SOODAN PRASAD commenting anything on the merits of the case, IA.No.11126/2023 is Signing time: 12-09-2023 11:42:32 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

allowed and it is directed that jail sentence of appellant - Pappu Bheda @

Santosh will remain under suspension subject to verification that the

amount of fine has been deposited, on appellant's furnishing bail bond of

Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the

like amount to the satisfaction of concerned Trial Court for his appearance

before the Principal Registrar of this Court on 18th December, 2023 and

thereafter on such further dates as may be fixed by the office of this Court

in this regard till disposal of the appeal. The appellant shall mark his

presence before concerned Police Station once in every fortnight. In

case appellant commits similar offence during period of suspension of

sentence, the State shall be at liberty to seek cancellation of suspension

of sentence granted to the appellant.

I.A.No.11496/2023, an application for interim suspension of

sentence, is dismissed as withdrawn.

C.c. as per rules.

                             (Rohit Arya)                          (Deepak Kumar Agarwal)
                                Judge                                       Judge
             ms/-
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 12-09-2023
11:42:32 AM