Raghvendra Alias Mangu vs The State Of Madhya Pradesh
2021 Latest Caselaw 6659 MP

                                    1                               CRA-818-2020
        The High Court Of Madhya Pradesh
                   CRA-818-2020
       (RAGHVENDRA ALIAS MANGU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

6
Gwalior, Dated : 22-10-2021
      Shri Anand Singh Sikarwar, learned counsel for the appellants.
      Shri    Kuldeep    Singh,     learned   Public    Prosecutor     for   the
respondent/State.

Heard on I.A. No.9737/2021, which is first application for suspension of sentence and grant of bail to the appellant No.2 Aditya Singh.

This criminal appeal assails the judgment dated 28.11.2019 passed in SC DOCT/300007/2016 by Special Judge, Dacoit Sheopur, District Sheopur, whereby appellant No.2 has been convicted under Section 364 of IPC and sentenced to suffer R.I. for ten years with fine of Rs.5,000/- and in default to suffer additional R.I. for 15 days, under Section 302/34 of IPC and sentenced to suffer life imprisonment with fine of Rs.7,000/- and in default to suffer additional R.I. for 25 days, under Section 201 of IPC and sentenced to suffer R.I. for three years with fine of Rs.2,000/- and in default to suffer additional R.I. for ten days and under Section 11/13 of M.P.D.V.P.K.Act and

sentenced to suffer R.I. for three years with fine of Rs.1,000/- and in default to suffer additional R.I. for 7 days with the direction that the custodial sentences shall run concurrently.

Prosecution story, as found proved, is that the complainant Smt. Lilavati submitted a complaint on 10.3.2016 to the SHO Police Station Karahal to the effect that on 09.03.2016 her son Ashok Singh, aged 40 years, went to attend a marriage ceremony. Mahaveer Partvada informed her that there was a dispute between her son Ashok Singh and Deep Singh @ Kallu Rajawat, Raghvendra Singh Mangu and other 3-4 persons out side the marriage place. On the basis of such complaint, inquiry was conducted and the spot inspection was done on which a Bajaj C.T.100 Motorcycle and two pocket diaries were found, which were seized. During the statements it was 2 CRA-818-2020 revealed that on account of the theft of cable wire, a dispute was going on between the accused persons and Ashok Solanki and on account of the same dispute at the time of incident, accused persons took Ashok Singh Solanki in their Scorpio Jeep and went to a secret place with intention to kill Ashok Singh. On the basis of the aforesaid, an FIR has been registered at Crime No.20/2016.

Learned counsel for the appellants submits that the learned trial Court has erred in appreciating the evidence on record. Appellant No.2 was not present on the spot. No DNA test of the present appellant was conducted. It is a case of circumstantial evidence. Merely on the basis of hypothetical thought the present appellant has been convicted. Chain of circumstantial evidence is not complete. There are discrepancies in the statements of the last seen evidence. An early hearing of this appeal is not possible and owing to COVID-19 outbreak, detention of appellant in already congested prisons may be detrimental. He is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for suspension of sentence is made.

The prayer is opposed by learned counsel for the State. An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits thereof, the I.A. is allowed.

It is, therefore, directed that if appellant No.2 namely Aditya Singh deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 25th November, 2021 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. The appellant No.2 shall furnish a written undertaking that he will abide by the terms and conditions of various 3 CRA-818-2020 circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

Certified copy as per rules.

             (S. A. DHARMADHIKARI)                              (ANAND PATHAK)
                      JUDGE                                           JUDGE

        SP

SANJEEV
KUMAR
PHANSE
2021.10.25
17:21:38 +05'30'