Madhya Pradesh High Court
Bhawarsingh vs The State Of Madhya Pradesh on 14 October, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-5477-2017
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5477 of 2017
(BHAWARSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 14-10-2024
Shri A.K.Saxena, counsel for the appellant.
Shri K.K.Tiwari, Government Advocate for the respondent/State.
Heard on I.A.No11109/2024 which is the second application under Section
389(1) of the Cr.P.C. filed on behalf of the appellant No.1 - Bhawarsingh for grant
of bail and suspension of remaining jail sentence.
2. The appellant stands convicted vide judgment dated 26.09.2017 passed
by the learned Additional Sessions/Special Judge, Jhabua District Jhabua in
Session Trial No. 10/2012 for offence under Section 302 of the Indian Penal Code
and sentenced to undergo life imprisonment with fine of Rs. 2000/- and default
stipulations.
3. As per the case of the prosecution on 25.10.2011 at about 2:00 pm,
Rakesh (injured) lodged a report at police station on the eve of Diwali, he along
with Thakariya (deceased) were consuming bear. Appellants Bhawarsingh and
Budiya came there and demanded bear. Both were carrying lathi. Budiya gave a
blow by lathi on the head of Thakariya, whereas the present appellant hit Rakesh.
Both sustained injuries and were taken to the hospital. Later, Thakariya
succumbed to the injuries and died.
4. Learned counsel for the appellant contended that the dispute occurred
all of a sudden and not a pre-planned murder. The allegation against appellant-
Bhawarsingh is that he assaulted the injured-Rakesh on his head. At the most, the
case would fall under Section 326 or 307 of the IPC for which he has undergone 7
2 CRA-5477-2017
years of jail sentence. Appellant is in jail since last seven years and he has no
criminal antecedent. This appeal is of the year 2017 and there is no likelihood of
its early hearing. Hence, it is prayed that the application may be allowed and the
jail sentence of the appellant be suspended.
5. Per contra, learned Government Advocate for the respondent/State
opposes the application for suspension of sentence and prays for its rejection.
6. Considering the facts and circumstances of the case, submissions made
by learned counsel for both the parties, allegation against the appellant and the
fact that final conclusion of this appeal will take considerable time, we deem it
appropriate to suspend the remaining jail sentence of the appellant.
7. Accordingly, I.A.No.11109/2024 is allowed and the execution of
remaining jail sentence of the appellant is hereby suspended till the final disposal
of this appeal. It is directed that appellant No.1-Bhawarsingh be released on bail
subject to depositing the fine amount, if not already deposited and upon furnishing
a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one
solvent surety of the like amount to the satisfaction of the trial Court, with a
further direction to appear before the Registry of this Court on 18.12.2024 and on
such other dates, as may be fixed by the Registry of this Court in this regard
during the pendency of this appeal.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
vidya
