Vimal Bhat vs The State Of Madhya Pradesh
2025 Latest Caselaw 229 MP

Madhya Pradesh High Court

Vimal Bhat vs The State Of Madhya Pradesh on 1 May, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                            1                            CRA-11085-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                CRA No. 11085 of 2024
                                      (VIMAL BHAT AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 01-05-2025
                                 Shri Ashok Koshta, Advocate for appellants.
                                 Shri S.K. Shrivastava, Govt. Advocate for the respondent - State.

Heard on I.A.No.26262/2024, an application for suspension of sentence and grant of bail to the appellants-Vimal Bhat and Mahesh

Ahirwar.

Appellants-Vimal Bhat and Mahesh Ahirwar are aggrieved of the judgment dated 27.08.2024, passed by the learned First Additional Session Judge Pipariya, District Narmadapuram (M.P.), in Special Trial No.43/2022, whereby, these appellants have been convicted for offence punishable under Section 148 of IPC and sentenced to undergo R.I. for one year with fine of Rs.200/-, under Section 302/149 of IPC, he is sentenced to undergo R.I. for life with fine of Rs.5,000/- and Section 341 of IPC, he is sentenced to undergo R.I. for 7 days with fine of

Rs.100/-, so also under Section 323/149 IPC and Sec. 120-B IPC, with default stipulation, respectively.

It is submitted that appellants are innocent. Informant Sanjay Rai, who recorded 'Dehati Nalishi' Ex.P/1, had taken names of only two persons, namely, Sanjay Sharma and Ajay @ Ajju Purvaiya as assailants. He had not taken name of any other person. SHO Ajay

2 CRA-11085-2024

Tiwari (PW/51), admitted in cross-examination that in the so-called CCTV footage which was given by Yogesh Agrawal (PW/6), not showing the faces of the other persons and on the basis of body language he identified them. Even medical evidence of Dr. Shubham Sarkar (PW/13) and Dr. Rahul Uikey (PW/14), reveals that there were only four injuries on the body of the deceased. It is submitted that appellants are in custody from 16.05.2022 to 15.05.2023 and then they are in custody from 27.08.2024, till this date. Hence, prayer is made to suspend the remaining jail sentence of the appellants and release them on bail.

Shri Shiv Kumar Shrivastava, learned Govt. Advocate, opposes

the application. He is not in a position to explain that when all the assailants were known to the informant Sanjay Rai, then why he had taken name of only two persons Sanjay Sharma and Ajay @ Ajju Purvaiya and not of others.

Taking these facts into consideration, fact of incarceration and other circumstances, it is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) each, with two solvent sureties each in the like amount to the satisfaction of the Trial Court for their appearance before the Trial Court on 07.07.2025 and such other dates as may be fixed by the Trial Court, the execution of remaining part of the jail sentence imposed upon Appellants - Vimal Bhat and Mahesh

3 CRA-11085-2024 Ahirwar shall remain suspended and they shall be released on bail till final disposal of this appeal.

I.A.No.26262/2024 is allowed & disposed of.

Certified copy as per rules.

                                     (VIVEK AGARWAL)                      (DEVNARAYAN MISHRA)
                                          JUDGE                                  JUDGE
                           A.Praj.