Swami vs The State Of Madhya Pradesh
2021 Latest Caselaw 7638 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR

                         Cr.A.No.6368/2020
                    ( Swami Vs. State of M.P.)
                                (1)

Gwalior, dated : 22.11.2021

      Shri Amit Goswami, learned counsel for the appellant.

      Shri Rajesh Shukla, learned Dy.Advocate General for the

respondent/State.

Heard on IA.No.30219/2021.

This is the first application for suspension of sentence under

Section 389(1) Cr.P.C. filed on behalf of appellant-Swami Vanshkar.

Appellant-Swami Vanshkar has been convicted under section

302/34 of IPC and sentenced to suffer life imprisonment with fine of

Rs.1,000/- and convicted under Section 201 of IPC and sentenced to

suffer three years' R.I. with fine of Rs.1,000/- with default clause

vide judgment dated 19.12.2019 passed by Sessions Judge, Datia,

(M.P.) in S.T.No.200115/2016,

Appellant is in custody since the date of judgment i.e.

19.12.2019 uptill now.

As per prosecution story, a human skeleton which was later

identified to be of deceased Santosyh was recovered which led to

registration of inquest. During enquiry, statements of Jaipal Yadav

(P.W.3) and Vivek Yadav (P.W.15) were recorded. Pertinently the

prosecution case appears to be based on circumstantial evidence

including the statements of Jaipal Yadav (P.W.3) and Vivek Yadav

(P.W.15) who were last seen witnesses, who saw the deceased about

a month before the incident along with Ram Singh, Arvind, Swami HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A.No.6368/2020 ( Swami Vs. State of M.P.)

Barar and Ram Singh Kushwah. The appellant has been implicated

based on the discovery statement of co-convicted person Arvind

Rawat. Pertinently, no incriminating material was discovered

pursuant to the discovery statement of appellant.

Learned counsel for the appellant prays for suspension of

sentence primarily on the ground of parity with co-accused

Ramsingh and Mukesh in whose case the co-ordinate Bench has

suspended the sentence vide order dt.09.09.2021 in

Cr.A.No.1460/2020 and 1659/2020 inter alia contending that the

accusation against the appellant is same as against co-accused

Ramsingh and Mukesh. Further, conviction is based on

circumstantial evidence. The chain of circumstances is not complete.

The trial Court committed grave illegality in convicting the appellant

and sentencing for life imprisonment.

On the other hand, Shri Rajesh Shukla, learned Deputy

Advocate General appearing for respondent/State, opposes the

prayer. It is informed that the appellant has criminal antecedents of

six other cases.

In response, learned counsel for the appellant submits that out

of six other cases, one case is pending and in rest cases he has been

acquitted.

Upon hearing learned counsel for the parties without

commenting upon the rival contentions touching the merits of the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A.No.6368/2020 ( Swami Vs. State of M.P.)

case and the aforesaid facts and circumstances, the present appellant

is held entitled for suspension of sentence and thus the application

deserves to be allowed.

Consequently, IA.No.30219/2021 is hereby allowed and it is

directed that execution of jail sentence of the appellant shall remain

suspended during pendency of this appeal and he shall be enlarged

on bail subject to furnishing personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand only) with one solvent surety in the like

amount to the satisfaction of the learned Trial Court and also subject

to deposit of the fine amount (if not already deposited) for

appearance before the Registry of this Court on 28.12.2021 and on

further dates as may be directed by the Registry in that regard with

following further conditions:

(i) the appellant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc, to avoid proliferation of Novel Corona virus(COVID-

19);

(ii) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellants be conducted through the jail doctor and if it is prima-facie found that he is having any symptoms of Covid-19, then the consequential follow up action or any further test required be undertaken immediately. Learned State counsel is directed to send e-copy of this order HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A.No.6368/2020 ( Swami Vs. State of M.P.)

to all the concerned including the concerned Station House Officer

of the Police Station for information and necessary action.

IA.No.30219/2021 stands closed.

                     (ROHIT ARYA)                   (DEEPAK KUMAR AGARWAL)
                        JUDGE                               JUDGE
SP

SANJEEV KUMAR
PHANSE
2021.11.23
10:55:32 +05'30'