Madhya Pradesh High Court
Veeru @ Rajesh vs The State Of Madhya Pradesh on 25 August, 2021
Author: Sheel Nagu
1 Cra 10941.2019
The High Court of Madhya Pradesh
CrA 10941/2019
[Veeru @ Rajesh Vs. State of M.P.]
Gwalior dated 25.08.2021
Shri Pradhuman Singh Bhadoriya, learned counsel for appellant.
Shri A.K. Nirankari, learned Public Prosecutor for respondent/State.
IA.1700/2020, 1st application u/Sec. 389(1) Cr.P.C. for suspension of
sentence and grant of bail moved on behalf of appellant- Veeru @ Rajesh is
taken up and considered.
This criminal appeal assails the judgment dated 17.10.2019 passed in
ST.No.25/2012 by IInd Additional Sessions Judge Ashoknagar (M.P.)
whereby appellant-Veeru @ Rajesh has been convicted and sentenced as
under:-
Sections Imprisonment Fine
364A/34 of IPC Life Imprisonment Rs.10,000/- with default
stipulation
302/34 of IPC Life Imprisonment Rs.10,000/- with default
stipulation
201 of IPC 7 Years R.I. Rs.5,000/- with default
stipulation
Learned counsel for the State opposed the application and prayed for
its rejection by contending that on the basis of the allegations and the
material available on record, no case for suspension of sentence is made out.
The appellant is in custody since about two and a half years.
After hearing learned counsel for the rival parties, it appears that the
prosecution case has been found to be proved primarily on circumstantial
evidence based on last seen evidence of Shriram Yadav (PW-5) whose
statement by the Police was recorded after about 20 days of incident with no
explanation as to why the said witness did not reveal about the incident to
the Police earlier. The further piece of evidence which has been found to be
2 Cra 10941.2019
implicative and the basis of appellant's conviction is the recovery of rubber
slippers of deceased found on the basis of discovery statement of appellant
whereas it is submitted by learned counsel for appellant that the mother of
appellant (PW-2) stated that the deceased was last seen wearing sandal and
not slippers. Co-accused Pradeep is absconding.
In view of above and considering the fact that there is no hope of this
appeal coming up in the near future for final hearing, though this Court is
inclined to grant bail to appellant-Veeru @ Rajesh by way of suspension
of sentence but with certain stringent conditions.
Accordingly, without expressing any opinion on merits,
IA.1700/2020 is allowed and it is directed that the jail sentence of
appellant-Veeru @ Rajesh will remain under suspension subject to
verification that the amount of fine has been deposited, on appellant's
furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with
one solvent surety of the like amount to the satisfaction of concerned CJM
for his appearance before the concerned CJM on 20.12.2021 and on such
further dates as may be fixed by him which shall be of frequency not less
than once a year.
In case, appellant is found absent on any date fixed by the concerned
Magistrate then the said Magistrate shall be free to issue and execute
warrant of arrest for securing his presence without first referring the matter
to this Court, provided the Registry of this Court is kept informed.
The appellant shall appear and mark his presence before the
Police Station nearest to his residence once in every fortnight.
The learned concerned available Magistrate and the prosecution are
directed to ensure following of Covid-19 precautionary protocol prescribed
3 Cra 10941.2019
from time to time by the Supreme Court, the Central Govt. and as well as
the State Govt. during release, travel and residence of the appellant during
period of suspension of sentence as a consequence of this order.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) (Deepak Kumar Agarwal)
Judge Judge
ojha
YOGENDR
A OJHA
2021.08.2
5 16:23:42
+05'30'
