Sharafat @ Kaalu vs The State Of Madhya Pradesh
2021 Latest Caselaw 3532 MP

          The High Court Of Madhya Pradesh

                            CRA-875-2021
             (SHARAFAT @ KAALU Vs THE STATE OF MADHYA PRADESH)




Indore, Dated : 22-07-2021
      Heard through Video Conferencing.

      Shri Subhash Chandra Soni, learned counsel for the appellant.
      Shri Mamta Shandilya, GA for the respondent / State.

Heard on IA No.8755/2021 which is first application filed on behalf of appellant Sharafat @ Kallu under section 389(1) of the Cr.P.C for grant of bail and suspension of execution of jail sentence.

Appellant has been convicted and sentenced by the trial Court as under :

Conviction         Imprisonment       Fine of Rs.     In lieu of fine,
                                                      imprisonment
120-B (1) of IPC Life                 Rs. 100/-       One year
                 Imprisonment
302/34 of IPC      Life               Rs. 100/-       Six months
                   Imprisonment
201 of IPC         Five years         Rs.100/-        Six months

Learned counsel for the appellant submits that from the statements of the witnesses, it is crystal clear that it is a case of false implication. There are material contradictions and omissions in the statements of the witnesses and on that account, the impugned judgment is not sustainable. Looking to the pendency of the case, this case would take sufficient time for final conclusion. In case ordered to be released on bail, he will not abscond and is ready and willing to furnish security as per the order of this Court. Under these circumstances, learned counsel prays for bail and grant of suspension of execution of remaining jail sentence of the appellant Sharafat.

Per contra, learned GA for the respondent / State has strongly opposed the prayer for suspension of jail sentence and submits in her reply that sufficient evidence is available on record to establish the guilt of the appellant in the alleged offence. On the date of the incident, the present appellant and co-accused Salman both were present at the time of occurrence and found to be involved in the murder of deceased Manoj by strangulation. Call details regarding conversation between co-accused Sanjubai and Salman were found to be proved during trial. It has been proved by the medical evidence that cause of death of the deceased was strangulation and homicidal. On the cogent and reliable evidence, the appellant was properly convicted and sentenced by the trial Court, therefore, no case for suspension of execution of jail sentence is made out and the application be dismissed.

After perusal of the trial Court's record, it is revealed that call details are available on record, that proves aforesaid evidence. Illicit relationship between co-accused Salman and Sanjubai is established. Murlidhar PW-7 also stated in his statement before the Court that just before the time of incident, he saw co-accused Salman and Sharafat and the deceased, who were tranvelling on a motorcycle. The prosecution case is well supported by medical evidence available on record.

On due consideration of totality of facts and circumstances of the case as also the role attributed to the present appellant, we are not inclined to allow the application filed by the applicant for grant of bail and suspension of execution of jail sentence.

Accordingly, I.A. no. 8755/2021 is hereby dismissed. Cc as per rules.

              (SUJOY PAUL )                           ( ANIL VERMA)
                JUDGE                                     JUDGE

Digitally signed by AMOL N
MAHANAG
Date: 2021.07.23 16:22:05 +05'30'