Devisingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3392 MP

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  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
             CRIMINAL APPEAL NO.4808 OF 2019
        (Devisingh and Others vs State of Madhya Pradesh)


Indore, Dated 16.07.2021
     Mr. Siddharth Jain, learned counsel for the appellant No.2 -
Tejaram.
     Mrs. Mamta Shandilya, learned public prosecutor for the
respondent/State.
     Arguments heard through video conferencing.
                              ORDER

Per Shailendra Shukla, J:

Heard on IA No.1898/2021 which is an application for urgent hearing of the case.

Keeping in view the reasons mentioned in the application, the application for urgent hearing stands allowed. Accordingly, IA No.1898/2021 stands disposed of.

There are two applications for suspension of sentence filed on behalf of same appellant Tejaram i.e. IA No.2311/2020 and IA No.1758/2021. Both applications were filed by different Counsel. The No Objection Certificate (NOC) in respect of first application has been given and therefore submissions were made on second application i.e IA No.1758/2021.

Mr. Ashish Gupta, learned counsel has made submissions on behalf of appellant No.3 - Mangilal, however there is no suspension application found on the record in respect of Mangilal and therefore the same is not being considered.

Heard on IA No.1758/2021 which is first application filed under Section 389 (1) of Code of Criminal Procedure, 1973 seeking suspension of sentence filed on behalf of appellant No.2 Tejaram Mogiya S/o Raghulal Mogiya who has been convicted by Additional Sessions Judge, Badnavar, District-Dhar (MP) in

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL APPEAL NO.4808 OF 2019 (Devisingh and Others vs State of Madhya Pradesh)

Session Trial No.19/2017 vide judgment dated 08.05.2019 and sentenced him as under:-

                 Conviction                          Sentence
     Section & Act      Imprisonment       Fine Amount    Imprisonment
                                                           in lieu of fine
          302 of IPC         Life           Rs.10,000/-   3 months RI.
                        Imprisonment

The prosecution story was that on 27.06.2017, the dead body of deceased Prakash was found in an agricultural field and on investigation, it was found that Prakash was allegedly found in a compromising position with the wife of co-accused Mangilal and therefore Prakash was murdered by accused Mangilal, his son Devisingh, Parvatibai and the present appellant. The case is based on circumstantial evidence which is seizure of inner waist and towel of appellant carrying human blood as per FSL report which is Ex.P/43.

Learned counsel for the appellant No.2 Tejaram has pointed out that contents of this FSL report have not been brought to the notice of the accused in his accused statements. It is also stated that the blood group on the clothes of appellant has not been determined and therefore it cannot be stated that it was the blood of deceased (Prakash), that trial Court has wrongly stated that the appellant is the grand-son of Mangilal and that there is nothing on record to show that the present appellant was residing in the same house in which other co-accused persons are residing. With these submissions, suspension has been sought.

Learned public prosecutor for the respondent/State was also heard who has opposed the suspension application

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL APPEAL NO.4808 OF 2019 (Devisingh and Others vs State of Madhya Pradesh)

submitting that the conviction is based on appropriate appreciation of evidence.

Considered.

After due consideration of the facts and circumstances and the submissions mainly those made by learned counsel for the appellant No.2, without commenting upon merits of the case, the application-IA No.1758/2021 for suspension of sentence and grant of bail to the appellant deserves to be allowed. The substantive jail sentence of the appellant No.2 - Tejaram Mogiya S/o Raghulal Mogiya is suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 26.08.2021 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, IA No.1758/2021 stands disposed of.

Record has been received.

List the appeal for final hearing in due course. Certified copy as per Rules.

             (SUJOY PAUL)                             (SHAILENDRA SHUKLA)
               JUDGE                                        JUDGE

 Arun/-


Digitally signed by ARUN
NAIR
Date: 2021.07.16 18:53:43
+05'30'