Dashrath Kushwaha vs The State Of Madhya Pradesh Thr.
2021 Latest Caselaw 5270 MP

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         THE HIGH COURT OF MADHYA PRADESH
                          Cr.A.No.925/2015
                (Dashrath Kushwaha Vs. State of M.P. )

Gwalior, Dated:-9.9.2021
      Shri Anant Kumar Bansal, learned counsel for the appellant.

      Shri Pramod Pachori,       learned Public Prosecutor for the

respondent/State.

I.A.No.24296/2021, repeat application u/Sec. 389(1) Cr.P.C.

for suspension of sentence and grant of bail moved on behalf of

appellant after rejection of earlier one on 12.4.2019, is taken up and

considered.

Appellant has suffered more than six years of custody period

as against life imprisonment imposed.

This criminal appeal assails the judgment dated 21.7.2015

passed in S.T. No.188/2014 by Additional Sessions Judge Karera,

District Shivpuri (M.P.) whereby appellant-Dashrath Kushwaha has

been convicted and sentenced as under:-

Section Act Imprisonment Fine Default (in lieu of fine) 302 IPC Life Imprisonment Rs.2000/- 1 year R.I.

Learned counsel for the State opposed the application and

prayed for its rejection by contending that on the basis of the

allegations and the material available on record, no case for

suspension of sentence is made out.

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.925/2015 (Dashrath Kushwaha Vs. State of M.P. )

Prosecution story found to be proved is essentially based on

circumstantial evidence and the sole eye-witness of the incident of

murder, who was the mother of the appellant did not support the

prosecution case in the Court. The other witnesses whose statement

have been taken as foundation for returning the finding of guilt by

the learned Trial Judge are all either witnesses of last seen or of

recovery of offending weapon. The offending weapon i.e. Sickle

(Hasiya) was found on the behest of the statement of the appellant

and it was found to be blood stained which was detected to be human

blood. The blood group has not been ascertained.

Considering the aforesaid and the fact that conviction is

finally based on circumstantial evidence and looking to the period of

custody and there is no likelihood of early disposal of the appeal in

near future, this Court is inclined to grant the bail to the appellant-

Dashrath Kushwaha by way of suspension of sentence.

Accordingly, without expressing any opinion on merits,

I.A.No.24296/2021 is allowed and it is directed that the jail sentence

of appellant-Dashrath Kushwaha will remain under suspension

subject to verification that the amount of fine has been deposited, on

appellant's furnishing bail bond of Rs.50,000/- (Rupees Fifty

Thousand Only) with one solvent surety of the like amount to the

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.925/2015 (Dashrath Kushwaha Vs. State of M.P. )

satisfaction of concerned CJM for his appearance before the

concerned CJM on 20.12.2021 and on such further dates as may be

fixed by 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 Magistrate then the said Magistrate 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 available 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 concerned for

compliance.

E-copy/Certified copy as per rules/directions.

                (Sheel Nagu)                                (S.A. Dharmadhikari)
                  Judge                                            Judge


Pawar*

   ASHISH
   PAWAR
   2021.09.09
   18:53:34
   +05'30'