Madhya Pradesh High Court
Bhuribai vs The State Of Madhya Pradesh on 26 November, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 CRA-1349-2016
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1349 of 2016
(BHURIBAI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 26-11-2025
Shri Manohar Singh Chouhan - Advocate for the appellants.
Shri Surendra Kumar Gupta - Govt. Advocate for the respondent /
State.
Heard on I.A.No.13065/2025, which is second application under
Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to
Section 389(1) of Cr.P.C.) for suspension of remaining jail sentence and
grant of bail on behalf of the appellant - No.2 Mahendra S/o Mehtab on the
ground that the appellant has already suffered the actual jail sentence of more
than 10 years. His first application was dismissed as withdrawn vide order
dated 15/03/2023 passed on IA.No.16915/2022.
The appellant stands convicted under Sections 302/34, 323/34 and
323/34 (2 counts) of Indian Penal Code, 1860 and sentenced to undergo
Imprisonment for Life with fine of Rs.25,000/-; 06 months' RI with fine of
Rs.1,000/-; and fine of Rs.500/- (2 counts) respectively with usual default
stipulation.
Learned counsel appearing for the appellant No.2 contended that the
appellant has completed actual jail sentence of more than eleven years and
appeal is not likely to be heard finally in near future and it would take
sufficient long time, therefore, in the light of judgment of the apex Court in
the case of Sudan Singh Vs. State of U.P. [SLP (Crl.) No.4633/2021 decided
2 CRA-1349-2016
on 05/10/2021, the jail sentence of appellant be suspended, till the final
disposal of this appeal. He further submits that one of the co-convict has
already been granted benefit of suspension of sentence.
Learned Government Advocate for the respondent / State opposes the
aforesaid prayer and prays for its rejection.
A report dated 30/09/2025 is received from the Superintendent of Jail,
Central Jail, Barwani, according to which the convict has already undergone
actual jail sentence of 10 years; 02 months; and 14 days as on 30/09/2025.
Considering all the facts and circumstances of the case; nature of the
allegation levelled against the appellant; taking note of the fact that appellant
has already suffered jail incarceration of more than ten years; and present
case does not fall within the exceptions as carved out by the apex Court in
the case of Sudan Singh (Supra) and final conclusion of the appeal will take
sufficient long time, we deem it proper to suspend the remaining custodial
sentence of the appellant.
Accordingly, without commenting anything on merit of the matter,
I.A.No.13065/2025 is allowed and it is directed that subject to depositing
fine amount (if not already deposited) and on furnishing personal bond by
appellant No.2 in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with
one solvent surety in the like amount to the satisfaction of the learned trial
Court, the execution of custodial part of the jail sentence of the present
appellant shall remain suspended, till the final disposal of this appeal.
The present appellant, after being enlarged on bail, shall mark his
presence before the Registry of this Court on 05/01/2026 and on all such
3 CRA-1349-2016
subsequent dates as may be fixed by the Registry of this Court in this regard.
With the aforesaid, I.A. is allowed and disposed off.
List the matter in due course.
Certified copy as per rules.
(VIJAY KUMAR SHUKLA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Tej
