Akash @ Tunda vs The State Of Madhya Pradesh
2021 Latest Caselaw 5634 MP

                                      1                Cra.1724.2018

               The High Court of Madhya Pradesh
                          Cra.1724.2018
               [Akash @ Tunda Vs. State of M.P.]
Gwalior dated 17.09.2021

      Shri Atul Gupta, learned counsel for the appellant.

      Shri Devendra Choubey, learned Public Prosecutor for

respondent/State.

IA.6968/2019 second repeat application u/Sec.389(1)

Cr.P.C. for suspension of sentence and grant of bail moved on

behalf of sole appellant after dismissal of earlier one as withdrawn

vide order dated 02.05.2018 (IA.1482/2018) without being

considered on merits is taken up and considered.

This criminal appeal assails the judgment dated 02.02.2018

passed in ST.No.61/2017 by II Additional Sessions Judge, Vidisha

(M.P.) whereby appellant has been convicted and sentenced as

under with default stipulation :-

    Sections        Imprisonment                    Fine
  302/34 IPC     Life Imprisonment        Rs.500/- with default
                                               stipulation

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 case of appellant is of causing knife blows to the

deceased who died due to stab injuries inflicted.

Learned counsel for appellant submits that none of the

eyewitnesses has supported the story of prosecution. Conviction is 2 Cra.1724.2018

solely based on circumstantial evidence which in turn is founded

upon recovery of offending weapon which is knife on the behest

of discovery statement of appellant. It is, however, submitted that

this seizure of weapon has not been proved by the seizure witness.

As regards antecedents shown in the reply, appellant has

filed two judgments wherein he has been acquitted of the offence

of robbery and attempt to murder.

Considering the fact that the appellant has suffered five

years' custody, no useful purpose would be served to continue

incarceration of petitioner as there is no likelihood of early

disposal of the present appeal in the near future, 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.6968/2019 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 two solvent sureties of Rs.25,000/- each to the

satisfaction of concerned CJM for his appearance before her/him

on 08.02.2022 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 3 Cra.1724.2018

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)                         (Anand Pathak)
                                               Judge                                  Judge
                     pd
        Digitally signed by PAWAN


PAWAN
        DHARKAR
        DN: c=IN, o=HIGH COURT OF
        MADHYA PRADESH BENCH
        GWALIOR, ou=HIGH COURT OF


DHARK
        MADHYA PRADESH BENCH
        GWALIOR, postalCode=474011,
        st=Madhya Pradesh,
        2.5.4.20=345b3604d572ed9dd1



AR
        492fe82dc3b1eef67eff2cb59f3a
        c97e920ac264de7828,
        cn=PAWAN DHARKAR
        Date: 2021.09.17 17:56:43
        +05'30'