Madhya Pradesh High Court
Bholaram Alias Toofansingh vs The State Of Madhya Pradesh on 27 October, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-4484-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 4484 of 2024
(BHOLARAM ALIAS TOOFANSINGH Vs THE STATE OF MADHYA PRADESH )
Dated : 27-10-2025
Shri Lucky Jain - Advocate for the appellant.
Shri H.S. Rathore - Government Advocate for the respondent/State.
Shri Vikas Yadav - Advocate for the objector.
Heard on admission.
Appeal is admitted for final hearing.
Also heard on IA No.5640/2024 , which is the first application filed
under Section 389(1) of Cr.P.C. on behalf of the appellant-Bholaram @
Toofansingh for grant of bail and suspension of remaining jail sentence.
Vide judgment dated 20.2.2024 passed by the 1st ASJ, Kannod,
District Dewas in S.T. No.32/2019, appellant has been convicted for the
offence under Sections 450, 302, 201 of IPC and Section 25(1-B)(B) of the
Arms Act and sentenced to undergo 5 years R.I. with fine of Rs.3000/-, Life
Imprisonment with fine of Rs.5,000/-, 3 years R.I. with fine of Rs.2500/- and
1 year R.I. with fine of Rs.1000/-, respectively, with usual default
stipulation.
As per the prosecution story, complainant Ramavtar lodged a report on
14.7.2019 that nearabout 9.00 p.m. he was standing in front of his house
along with his son Dheeraj (deceased). Other members were inside the
house. His neighbour Bholaram came in a drunken condition and started
abusing by filthy language. He and his son objected to it. He went to his
2 CRA-4484-2024
house and came with Gupti in his hand. Rajesh and Ramniwas tried to caught
hold him but he slipped from their clutches and came inside the house and
with an intention to kill, stabbed the Gupti on the lower abdomen part of
Dheeraj and ran away. Dheeraj was taken to the Government Hospital,
Kannod, from where he was referred to Rukmani Hospital. During the
treatment he died. FIR was registered under Section 302 of IPC at Crime
No.309/2019. Appellant was arrested on 15.7.2019 and since then he is in
jail.
Learned counsel for the appellant submits that the appellant has been
falsely implicated in this case. He is not a habitual criminal. He has suffered
actual 6 years jail sentence. Gupti was not recovered from his possession, it
was recovered from open place. All the witnesses are related witnesses. The
testimony of witness Ramniwas (PW-4) has been demolished by way of
cross-examination. In such circumstances he prays for grant of bail and
suspension of remaining jail sentence of the appellant till the final disposal
of this appeal.
Per contra, learned Government Advocate and counsel appearing for
the objector opposes the aforesaid prayer.
As per the doctor's opinion, the deceased died due to the singular
injury caused by means of Gupti and prima facie there is no motive behind
this crime and as per the prosecution story, this appellant was in drunken
condition at the time of commission of offence. The appellant is not a
habitual criminal and there was no previous enmity between the deceased
and the appellant. The appeal is not likely to be heard in near future.
3 CRA-4484-2024
Therefore, we deem it appropriate to suspend the remaining jail sentence of
the appellant.
Accordingly, IA No.5640/2024 is allowed and the execution of
remaining jail sentence of the appellant-Bholaram @ Toofansingh is hereby
suspended till the final disposal of this appeal and it is ordered that the
appellant be released on bail on his depositing the fine amount, if not already
deposited, and upon furnishing a personal bond for a sum of Rs.50,000/-
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
29.1.2026 and on such other dates, as may be fixed by the Registry of this
Court in this regard during the pendency of this appeal.
IA No.15672/2024, an application for urgent hearing stands disposed
of.
Registry is directed to list the matter for final hearing in due course.
C.C. as per rules.
(VIVEK RUSIA) (PAVAN KUMAR DWIVEDI)
JUDGE JUDGE
trilok
