Madhya Pradesh High Court
Kalu @ Pavan vs The State Of Madhya Pradesh on 18 April, 2022
Author: Subodh Abhyankar
1 Cr.A.No.4941/2017
(Kalu @ Pawan Vs. State of M.P.)
Indore : Dated 18.4.2022
Ms. Sarika Gupta, learned counsel for the appellant.
Shri K.K.Tiwari, learned Govt.Advocate for the
respondent/State.
Heard on I.A.No.30168/2021, which is an application under
Section 389(1) of Cr.P.C. for suspension of sentence.
The trial Court has convicted the appellant under Section 302
of IPC and sentenced to undergo Life Imprisonment with fine of
Rs.2,000/-, under Section 201 of IPC and sentenced to undergo two
years' RI with fine of Rs.1,000/- with default stipulation, vide
judgment of conviction and order of sentence dated 5.8.2016 passed
by 1st Addl.Sessions Judge, Jaora, District Ratlam in ST
No.249/2014.
Prosecution case, in brief, is that on 9.8.2014 at about 10.00
PM appellant Kalu alongwith other accused persons assaulted
deceased Vinod Das on his chest, abdomen, neck and other vital parts
of his body with deadly weapon Katar, due to which he died.
Learned counsel for the appellant submits that prosecution
case is based on circumstantial evidence. It is alleged that appellant
was last seen together with the deceased by Satyanarayan and
deceased's Aadhar Card, Debit Card etc. were seized on the instance
of the appellant alongwith appellant's blood stained cloths. As per
prosecution case itself, statements of Satyanarayan were recorded
(Kalu @ Pawan Vs. State of M.P.)
after about nine days of the incident i.e. on 18.8.2014. Deceased's
Aadhar Card, Debit Card etc. were seized from an open public place.
Blood stains said to be found on the cloths of the appellant cannot be
said to be blood of the deceased. Learned trial Court has committed
error in holding the appellant guilty for the offences punishable under
Section 302, 201 of IPC. The appellant is in custody since 22.8.2014
and he has suffered about eight years' imprisonment out of the total
sentence awarded to him. There is no likelihood of hearing of appeal
in near future. In view of aforesaid, learned counsel for the appellant
prays for suspension of remaining jail sentence and grant of the bail
to the appellant.
Learned counsel appearing for the respondent/State has
opposed the prayer and submits that appellant was last seen together
with the deceased and deceased's Aadhar Card, Debit Card were
seized on his instance. Offences alleged against the appellant are of
very serious in nature, therefore, he may not be released on bail.
Heard learned counsel for both the parties and perused the
record.
The prosecution case is based on circumstantial evidence,
learned trial Court has not found this fact proved that deceased
telephonically informed Mukesh Bairagi that he was going alongwith
appellant and other co-accused persons. Statement of last together
witness Satyanarayan was recorded nine days after the incident,
(Kalu @ Pawan Vs. State of M.P.)
articles said to be seized on the instance of the appellant were seized
from open place, there is no likelihood of hearing of appeal in near
future, therefore, in view of the aforesaid circumstances the
application is allowed and jail sentence of the appellant shall remain
suspended.
It is directed that subject to depositing the fine amount, if
already not deposited, appellant shall be released on bail, on
furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One
Lakh Only) along with solvent surety in the like amount to the
satisfaction of trial Court, for his appearance before the Registry of
this Court firstly on 13.06.2022, and on such other dates, as may be
fixed by the Registry in this regard, till final disposal of this appeal.
I.A.No.30168/2021 is allowed.
List in due course.
C.C. as per rules.
(Subodh Abhyankar) (Satyendra Kumar Singh)
Judge Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2022.04.19
11:36:47 +05'30'
