Rahul Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16672 MP

                                                          1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                  CRA No. 4849 of 2021
                                          (RAHUL SINGH Vs THE STATE OF MADHYA PRADESH)

                      Dated : 15-12-2022
                             Ms. Indu Pande - Advocate for appellant.

                             Shri Yogesh Dhande - Government Advocate for respondent - State.

I.A. No.18230 of 2021, first application for suspension of sentence and grant of bail to the appellant- Rahul Singh arising out of judgment dated 06.08.2021 delivered in S.T. No.135/2019 by II-Additional and Sessions Judge, District Sagar is

taken up.

The appellant has been convicted for the offence punishable under Section 302 of IPC and sentenced to undergo RI for life and fine of Rs.1000/- under Section 201 of IPC and sentenced to undergo RI for 3 years and fine of Rs.500/- with default stipulations.

Learned counsel for the appellant by taking this Court to the prosecution story submits that deceased Surendra was missing from 20.05.2019 and he was last seen together with appellant on the same day. Dead body of deceased recovered on 24.05.019 from the dam of Kadaan river, Khurai road. On the basis of circumstantial evidence it was found that appellant has killed the

deceased.

Learned counsel for the appellant submits that dead body of the deceased recovered at the instance of the appellant. But theory of last seen together and recovery of mobile phone is not properly established by the prosecution. There are many omissions and contradictions in the statement of

Signature Not witnesses. The Trial Court wrongly convicted the accused on the basis of SAN Verified

Digitally signed by circumstantial evidence. Circumstances are not complete against the appellant. DEVESH K SHRIVASTAVA Date: 2022.12.16 17:31:23 IST

The appellant has no motive to kill the deceased. Further it is submitted that appellant is in custody since 24.05.2021 to 06.08.2021. Final hearing of the appeal is not possible in near future, therefore the remaining jail sentence of the appellant be suspended and he may be released on bail.

Learned Government Advocate opposed the prayer on the strength of written objections.

Considering the argument advanced by the learned counsel for the parties and looking to the evidence available on record against the appellant, we are not

inclined to suspend the remaining jail sentence of this appellant.

Hence, I.A.No.18230 of 2021 is dismissed.

Certified copy as per rules.

  (SUJOY PAUL)                                  (PRAKASH CHANDRA GUPTA)
     JUDGE                                               JUDGE

DevS