Madhya Pradesh High Court
Mukesh vs The State Of Madhya Pradesh on 9 September, 2021
Author: Sheel Nagu
1
Cr.A.1659/2020
The High Court Of Madhya Pradesh
CRA-1659-2020
(MUKESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Gwalior dated 09.09.2021
Shri Rameshwar Rawat, learned counsel for the appellants.
Shri Rajesh Shukla learned Dy. Advocate General, for
respondent/State.
I.A.No.25244/21, is an application filed by the appellant
Mukesh for change of counsel.
The application is allowed. Shri Rameshwar Rawat,
Advocate, is permitted to argue on behalf of appellant in place of
Shri Raghuwar Singh, Advocate.
IA.No.5538/2021, first application u/Sec. 389(1) Cr.P.C. for
suspension of sentence and grant of bail moved on behalf of
appellant No.1 Mukesh is taken up and considered.
This criminal appeal assails the judgment dated 19.12.2019
passed in ST.No.103921/2016 by Sessions Judge, Datia (M.P.)
whereby appellant has been convicted and sentenced as under
with default stipulation :-
Sections Imprisonment Fine
302/34 of IPC Life imprisonment Rs.1000/- with
default stipulation
201 of IPC 3 years R.I. Rs.1000/- with
default stipulation
Prosecution case found to be proved is that a human
skeleton which was later identified to be of deceased Santosh was
recovered which led to registration of inquest. During enquiry,
Cr.A.1659/2020
statements of Jaipal Yadav (PW-3) and Vivek Yadav (PW-15),
were recorded. Pertinently the prosecution case appears to be
based on circumstantial evidence including the statements of
Jaipal Yadav (PW-3) and Vivek Yadav (PW-15) who were last
seen witnesses who saw the deceased about a month before the
incident along with Ram Singh, Arvind, Swami 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.
The allegation against the appellant seem to be more based
on suspicion and conjecture and surmise than cogent to.
The reply of State does not disclose any antecedent.
Considering the above and that there is no likelihood of
early disposal of the present appeal in the near future due to
ongoing Covid-19 pandemic crises, without entering into the
merits of the matter, this Court is inclined to grant bail to
appellant by way of suspension of sentence.
Accordingly, without expressing any opinion on merits,
IA.No.12543/2020 is allowed and it is directed that the jail
sentence of appellant will remain under suspension subject to
verification that the amount of fine has been deposited, on
appellant furnishing bail bond of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety of the like amount to the
satisfaction of concerned CJM for his appearance before her/him
Cr.A.1659/2020
on 22.12.2021 and on such further dates as may be fixed by
her/him which shall be of frequency not less than once a year.
In case, appellant is found absent on any date fixed by the
concerned CJM then the concerned CJM 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 learned concerned 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 below for
compliance.
C.c. as per rules.
(Sheel Nagu) (Deepak KumarAgarwal)
Judge Judge
mani
SUBAS Digitally signed by SUBASRI MANI
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
RI
MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,
st=Madhya Pradesh,
2.5.4.20=a649f7a3438773bf21218
35104753746385b9875063a47872
MANI
ca437af06fff8ef, cn=SUBASRI
MANI
Date: 2021.09.13 13:52:36 +05'30'
