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Madhya Pradesh High Court

Bherulal vs The State Of Madhya Pradesh on 7 March, 2022

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

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                                                        The High Court Of Madhya Pradesh
                                                                 CRA No. 1703 of 2013
                                                                   (BHERULAL Vs THE STATE OF MADHYA PRADESH)

                                            Indore, Dated : 07-03-2022
                                                   Ms. Sharmila Sharma, learned counsel for the appellant.

                                                   Shri Aditya Garg, learned G.A. for the respondent/State.

Heard on I.A. No.26983/2021 which is the repeat (third) application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence on behalf of the appellant.

The earlier applications for suspension of sentence have been dismissed as withdrawn.

The appellant has been convicted by the trial Court for the offence under Section 363 IPC and sentenced to undergo R.I. for 5 years with fine of Rs.1,000/-, under section 366 IPC and sentenced to undergo 7 years RI with fine of Rs.1,000/- , section 346 IPC and sentenced to undergo 1 year RI and under section 376 IPC and sentenced to undergo 10 years RI with fine of Rs.10,000/- with default stipulation.

Learned counsel for the appellant submits that case of the appellant is similar to Mannalal who is appellant in connected Criminal Appeal No. 22/2014.

His jail sentence has been suspended by order dated 6.12.2021. The appellant is seeking suspension of sentence on the ground of parity. It is further submitted that appellant is in jail for last more than eight years and six months.

While granting bail to the appellant Mannalal, this Court has taken into consideration the statement of father of the prosecutrix, Ramprasad (PW-2) who has admitted in para 28 of the statement regarding the old enmity with the appellant Mannalal.

We have also considered the statement of father of the prosecutrix, Ramprasad (PW-2) who has stated in para 8 of his statement that her daughter (prosecutrix) had informed that appellant Mannalal and Bherulal had left the said house in the evening and the accused Shantilal was alone in the house at night.

KOUSHAL Prosecutrix had further informed that in the night, Shantilal had committed rape Date: 2022.03.07 17:15:46 IST with her.

Considering the statement of father of the prosecurix in para 8 in which he has made allegation of rape only against Shantilal as per information given by prosecutrix and not against the present appellant coupled with the fact that case of the present appellant is similar to the case of appellant Mannalal and further the appellant is in jail since eight years and six months and final hearing of the appeal is likely to take long time, we deem it proper to allow the application for suspension of jail sentence.

In view of aforesaid, I.A. No.26983/2021 is allowed. Accordingly, it is directed that if the appellant - Bherulal furnishes a surety in the sum of Rs.1,00,000/- (Rs. One Lac only) and executes personal bond in the like amount to the satisfaction of the concerned trial Court, he shall be enlarged on bail and the execution of the sentence of imprisonment passed against him shall remain suspended. The appellant shall appear before the Registry of this Court on 11.07.2022 and on such other dates as may be fixed by the Registry in this regard.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C)No.1/2020" and ensure that the appellant is examined by the jail doctor before his release. If the appellant show symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the appellant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

Office is requested to forward a copy of this order to the learned Court below.

List the matter for final hearing in due course alongwith connected Criminal Appeals.

                                              (VIJAY KUMAR SHUKLA)                                                 (ANIL VERMA)
                      KOUSHAL
                      Date: 2022.03.07                JUDGE                                                           JUDGE
                      17:15:46 IST


                                            MK
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                       KOUSHAL
                       Date: 2022.03.07
                       17:15:46 IST