Sanjay Kushwah vs The State Of Madhya Pradesh Thr
2021 Latest Caselaw 4787 MP

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               HIGH COURT OF MADHYA PRADESH,
                         BENCH AT GWALIOR
                             CRA-106-2017
                (Sanjay Kushwaha Vs. State of M.P.)


Gwalior, Dated : 27/08/2021

       Shri Atul Gupta, learned counsel for the appellant.

       Smt.    Kalpana    Parmar,    learned   Panel    Lawyer     for   the

respondent/State.

IA No.21236/2020, 3rd application under Section 389(1) of Cr.P.C.

for grant of suspension of sentence and grant of bail moved on behalf of

appellant is taken up and considered along with reply of the State.

This criminal appeal assails the judgment dated 15/12/2016 passed

in S.T. No.353/2014 by Sessions Judge, Gwalior (M.P.) whereby

appellant- Sanjay Kushwaha has been convicted and sentenced as

under:-

   Sections          Imprisonment                        Fine
  302 of IPC        Life Imprisonment          Rs.1000/- 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.

Prosecution story found to be true is that on the fateful intervening

night of 26-27/11/2013, wife of the appellant is alleged to have been

murdered by throttling. During trial, the sole eye-witness i.e. daughter of

the appellant and deceased (DW-2) who was aged 13-14 years deposed

that the robbers who broken into the house and caused injury to her

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-106-2017 (Sanjay Kushwaha Vs. State of M.P.)

mother and also that mother was pushed down by them on the ground

whereafter, she became unconscious. As regards appellant, DW-2 stated

that he had gone to his aunt's house i.e. DW-1- Kishan Devi on being

examined, corroborated the statement of the daughter of appellant. The

sole eye-witness i.e. daughter of the appellant has been disbelieved by

the trial Court on the ground that she is closely related to the appellant

thus is partisan. The appellant has suffered custody period of about five

years and has no criminal past.

In view of the above and considering the fact that appellant has

suffered about five years of custody and there is no likelihood of early

disposal of the appeal in near future, this Court is inclined to grant the

bail to the appellant - Sanjay Kushwaha by way of suspension of

sentence.

Accordingly, without expressing any opinion on merits,

IA.21236/2020 is allowed and it is directed that the jail sentence of

appellant- Sanjay Kushwaha 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

two solvent sureties 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.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-106-2017 (Sanjay Kushwaha Vs. State of M.P.)

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 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.

Certified copy as per rules.

     (Sheel Nagu)                              (S.A. Dharmadhikari)
       Judge                                          Judge



rahul                                                           Digitally signed by RAHUL SINGH PARIHAR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4de e473fe77953f5, cn=RAHUL SINGH PARIHAR Date: 2021.08.28 12:51:32 -07'00'