Manoj @ Golu vs The State Of Madhya Pradesh
2022 Latest Caselaw 1475 MP

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      HIGH COURT OF MADHYA PRADESH:JABALPUR
                    Criminal Appeal No.7185/2021
          (Manoj @ Golu Vs. The State of Madhya Pradesh)

Jabalpur, Dated: 02.02.2022
     Heard through Video Conferencing.

     Shri Narendra Nikhare, learned counsel for the appellant.

     Shri Kamlesh Dwivedi, learned Panel Lawyer for the
respondent/State.

Record of the trial Court has been received.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing.

Also heard on I.A.No.21314/2021, which is an application under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail filed on behalf of appellant-Manoj @ Golu.

This criminal appeal assails the judgment dated 13.11.2021 passed in Sessions Trial No.04/2017 by III Additional Sessions Judge, Itarsi District-Hoshangabad (M.P.) whereby appellant- Manoj @ Golu has been convicted as under:-

Section Act Imprisonment Fine if Imprisonment in deposited lieu of fine details 302/34 I.P.C. Rigorous Rs.2000/- R.I. for 3 years imprisonment for life.

The prosecution case, in brief, is that complainant Devnandan lodged a report with police station, Itarsi District Hoshangabad stating therein that he along with his wife had gone to see his elder son Sanjay to village Bela District Nalanda (Bihar). Deceased Sumeet who was his son was alone in their

house. When Devnandan came back on 17.10.2016, he found the dead body of Sumeet in his house lying in a pool of blood. Upon the report of the complainant, a Marg was registered. During the investigation, upon the memorandum of the present appellant- Manoj @ Golu and the accused persons, a knife and the blood stained clothes were recovered. During the investigation, it was also found that the deceased was having a liquor party in his house in which the present appellant along with some other boys was present. In that party, fight broke out between the deceased and the present appellant. Thereafter on 17.10.2016, the dead body of the deceased was found as mentioned above.

Learned counsel for the appellant submitted that the prosecution case is based purely on circumstantial evidence. There is no eyewitness to the incident. The witnesses of last seen i.e. PW-6 Vikram and PW-7 Deepak Singh have turned hostile. He has also pointed out that the witnesses to the memorandum and seizure i.e. PW-1 Devnandan has turned hostile and PW-11 Sanjay Chauhan has admitted to have signed the memorandum and seizure memos at the police station itself. He has further argued that the blood group found on knife and clothes allegedly seized at the instance of the appellant has not been ascertained. This appeal would take considerable time for its final disposal. The appellant has been in custody since 18.10.2016. Therefore, it has been prayed that the jail sentence of appellant may be suspended and he be released on bail.

On the contrary, learned counsel for the respondent/State argued that the case of the prosecution has been proved beyond reasonable doubt; therefore, the appellant should not be enlarged on bail.

Keeping in view the facts and circumstances of the case in their entirety, particularly the facts, as pointed out by learned

counsel for the appellant, but without expressing any opinion on the merits of the case, I.A.No.21314/2021 is allowed.

According, it is directed that the jail sentence of appellant Manoj @ Golu will remain under suspension subject to verification that the amount of fine has been deposited, on the appellant furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of concerned available Magistrate for his appearance before the concerned available Magistrate on 21/03/2022 and on such further dates as may be fixed 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 Magistrate and the prosecution is 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.

List for final hearing in due course.

A copy of this order be sent to the concerned Court for information.

Certified copy as per rules.

         (Sheel Nagu)                                    (Sunita Yadav)
            Judge                                           Judge
 b

Digitally signed by
BIJU BABY
Date: 2022.02.04
16:38:11 +05'30'