Madhya Pradesh High Court
Aman @ Bittu Bhilala vs The State Of Madhya Pradesh on 17 May, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 8241 of 2023
(AMAN @ BITTU BHILALA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 17-05-2024
Shri Vibhor Khandelwal, learned counsel for the appellant(s).
Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.
Heard on I.A. No.7686/2024, which is second application under Section
389(1) of Cr.P.C. for suspension of jail sentence and grant of bail filed on
behalf of the appellant No.1 - Aman @ Bittu Bhilala. His first application
for suspension of sentence was dismissed as withdrawn vide order dated
09.02.2024.
2 . Learned trial Court has convicted the appellant No.1 under Section
302/34 of IPC and sentenced him to undergo RI for Life Imprisonment with
fine of Rs.15,000/- with default stipulations, vide judgment of conviction and
order of sentence dated 28.02.2023 passed by the 1st Additional Sessions
Judge, Kukshi, District Dhar (M.P.) in S.T. No.32/2020.
3. The prosecution story found to be proved is that, on 01.04.2020 at
around 5:00 pm, when the complainant and the deceased were going back to
their home at village Kotba, the appellants came on motorcycle and hit the
motorcycle of the deceased due to which the deceased fell down from his bike
and sustained injuries on his left eye after which the appellant No. 1 took out a
gun and shot the deceased which hit the left side of the rib. After shooting the
deceased, the appellants ran away on the motorcycle from the spot.
4. Learned counsel for the appellant submitted that the appellant No.1 has
not committed the offence and has falsely been implicated in the matter. There
was no motive to kill the deceased. No pellets (charre) were recovered from the
body of the deceased. The reason for death has been mentioned as cardio
respiratory failure. There are material contradictions and omissions in the
statement of complainant and the prosecution story. The appellant is in custody
for more than 1 year. This appeal is of the year 2023 and final hearing of the
same will take considerable long time. Therefore, it is prayed that remaining jail
sentence of the appellant No.1 may be suspended and the appellant may be
released on bail.
5. Learned Government Advocate for the respondent/State has opposed
the prayer of the appellant and prayed for rejection of the application of the
appellant. He also submitted that the name of the appellant No.1 is mentioned
in the FIR.
7. We have heard learned counsel for the parties and perused the record.
8. Considering the facts and circumstances of the case coupled with the
fact that final hearing of this appeal is not possible in near future, this Court is
of the considered view that it is a fit case for suspension of jail sentence and
grant of bail to the appellant No.1. Hence, without expressing any opinion on
merits of the case, I.A. No.7686/2024 is allowed and jail sentence of
the appellant No.1 - Aman @ Bittu Bhilala shall remain suspended.
9. It is directed that subject to depositing the fine amount, if already not
deposited, the appellant No.1 shall be released on bail, on furnishing a personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent
surety in the like amount to the satisfaction of trial Court, for his appearance
before the Registry of this Court firstly on 12.08.2024 and on such other
dates, as may be fixed by the Registry in this regard, till final disposal of this
appeal.
List for final hearing in due course.
Certified copy, as per Rules.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
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