Bunty @ Banshi vs The State Of Madhya Pradesh
2024 Latest Caselaw 14871 MP

Madhya Pradesh High Court

Bunty @ Banshi vs The State Of Madhya Pradesh on 17 May, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 2812 of 2022
                                          (BUNTY @ BANSHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-05-2024
                                 Ms. Indu Pandey - Advocate for the appellant.

                                 Shri Soumya Dixit - Panel Lawyer for the respondent/State.

Heard on I.A.No.18747/2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant No.1 Bunty @ Banshi.

The appellant has been convicted under Section 302/120-B of IPC and sentenced to undergo life imprisonment with fine of Rs.2,000/- with default stipulations.

Learned counsel for the appellant, after taking this Court through the evidence on record, submits that there is no reliable and cogent evidence against appellant. Learned trial Court has erred in convicting and sentencing appellant under Sections 302 /120-B and 201/34 of the IPC. No incriminating article has been recovered from appellant. Further, appellant has no motive for committing the alleged offence. After referring to para-22 of impugned judgment, learned

counsel for the appellant submits that trial Court has convicted appellant only on the basis of "last seen". Deceased has animosity with Kamlesh and Kamlesh has been released on bail by this Court. 27.06.2023 (I.A.No.5975 of 2023). Early hearing of this appeal is not possible in near future. There is no legal evidence against appellant. Therefore, on above grounds, it is urged that jail sentence of appellant may be suspended and he be released on bail.

Learned Panel Lawyer for the respondent/State, on the other hand has opposed the application.

We have gone through the evidence on record and we have also gone through the impugned judgment and in view of overall evidence on record including memorandum Ex.P/11, recovery Ex.P/14 and deposition of prosecution witnesses PW-1 Jeera Bai @ Bhuri Bai and PW-2 Sita, we deem it not proper to suspend the remaining jail sentence of the appellant.

Hence, I.A.No.18747/2023 filed by appellant is dismissed. List the matter for final hearing in due course.

                                (DWARKA DHISH BANSAL)                          (ACHAL KUMAR PALIWAL)
                                       JUDGE                                           JUDGE

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