Bhura @ Bhurelal Mehtar vs The State Of Madhya Pradesh
2024 Latest Caselaw 6262 MP

Madhya Pradesh High Court

Bhura @ Bhurelal Mehtar vs The State Of Madhya Pradesh on 29 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 1890 of 2024
                                        (BHURA @ BHURELAL MEHTAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 29-02-2024
                                 Shri S.S. Rajput - Advocate for the appellant.

                                 Shri Rohit Shrivastava - Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No. 2607 of 2024, which is first application under

Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant.

This Criminal Appeal assails the judgment dated 30.01.2024 passed by I V t h Additional Sessions Judge, Guna, District Guna (M.P.) in ST No.225/2019, whereby appellant has been convicted and sentenced under Sections 399, 402 of IPC and Section 25(1-B) of Arms Act to undergo rigorous imprisonment of seven years, rigorous imprisonment of four years and rigorous imprisonment of one year with fine of Rs.2000/-, Rs.2000/- and Rs.1000/- with default stipulation respectively.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. There are material omissions and contradictions in the statement of the prosecution witnesses. It is further argued that the appellant was on bail during trial and he did not misuse the liberty so granted. It is further submitted that seizure and witnesses have not supported the case of prosecution and turned hostile even Rakesh Shivhare (PW-1) in his cross-examination at para 9 specifically stated that when he reached on the spot, accused persons were

sitting quietly and having liquor. Under these circumstances, entire prosecution story becomes doubtful. Further submission is that the appellant has already served almost six months of incarceration out of total jail sentence of five years. The appellant is having no criminal history. The appeal is likely to take long time to conclude. Appellant has hope and believe that he would succeed. Hence, he prayed to suspend the jail sentence and grant of bail to appellant looking to the short period of jail sentence.

Learned Panel Lawyer for the respondent/State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available

on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.2607 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 29.5.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List this case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV)

JUDGE Monika