Bhooralal Bheel vs The State Of Madhya Pradesh
2024 Latest Caselaw 4705 MP

Madhya Pradesh High Court

Bhooralal Bheel vs The State Of Madhya Pradesh on 17 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 860 of 2024 (BHOORALAL BHEEL Vs THE STATE OF MADHYA PRADESH)

Dated : 17-02-2024 Shri Rishikesh Bohare, learned counsel for the appellant.

Shri Prabhat Pateriya - P.P. appearing on behalf of Advocate General. Heard on the question of admission.

This appeal appears to be arguable, hence, it is admitted for final hearing.

Heard on I.A.No. 945 of 2024, first application under Section 389(1) of

Cr.P.C. for suspension of sentence and grant of bail to the appellant.

The appeal has been preferred by the appellant under Section 374 of the Cr.P.C. against the impugned judgment of conviction and sentence dated 28.12.2023 passed by Seventh Additional Sessions Judge/Special Judge (POCSO Act), Guna (M.P.) in Special Sessions Trial No. 163/2020 whereby appellant h a s been convicted and sentenced under Section 354 of IPC to undergo rigorous imprisonment of one year with fine of Rs.500/- with default stipulations.

Learned counsel for the appellant argued that the Court below have

wrongly appreciated the evidence and convicted the appellant. There are material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that as per prosecution story, on hearing the shouting of the prosecutrix her brother reached at the spot of incident, however, prosecution has not examined the brother of the prosecutrix, which makes the prosecution story suspicious. FIR was lodged on account of some financial dispute between family members of the prosecutrix and appellant.

Other witnesses are only hear-say witnesses. The case of the prosecution is medically belied. It is further argued that this criminal appeal is likely to take long time to come up for final hearing and appellant has hope and believe that he would succeed, therefore, prayed to suspend the jail sentence of the appellant.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Head learned counsel for the appellant and perused the record. Considering the facts and circumstances of the case, so also, looking to the fact that earlier on 19.01.2024, the sentence of appellant was temporarily

suspended, I.A. No. 945 of 2024 is allowed and now the order of suspension dated 19.01.2024 is made confirmed and absolute and the sentence of appellant shall remain suspended on the personal bond of Rs.50,000/- as already furnished by the appellant before the trial Court.

The appellant shall appear before the Office of this Court on 17.05.2024 and other dates as may be fixed by this Office in this regard from time to time.

List the case for final hearing in due course. Certified copy today as per rules.

(SUNITA YADAV) JUDGE

Durgekar