Sonu vs The State Of Madhya Pradesh
2022 Latest Caselaw 2548 MP

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             The High Court Of Madhya Pradesh
                      CRA No. 1403 of 2017
                         (SONU Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 23-02-2022
      Shri Narendra Nikhare, learned counsel for the appellant.

      Shri    Pramod     Thakre,     learned   Government        Advocate   for   the
respondents/State.

I.A. No.6070/2021, an application for suspension of sentence and grant of bail to appellant is taken up. The present appellant has been convicted under Section 302 of I.P.C. and sentenced to undergo life imprisonment with fine of

Rs.5000/- with default stipulation and also under Section 342/34 of I.P.C with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant is mainly held guilty on the basis of dying declaration/Dehati Nalsi of the deceased and statement of two prosecution witnesses PW-1 Kanchedi Yadav and PW-2 Nannu Yadav. By taking this Court to the dying declaration, Shri Nikhare submits that name of the present appellant has not been taken by the deceased at all. The other two witnesses PW-1 and PW-2 deposed that at the time of their police statement they were not aware about the name of the present appellant. PW-2 deposed that he

was not even aware about the residence/village of the present appellant. No Test Identification Parade (TIP) was ever conducted. The evidence was recorded by the Court below after almost 1 year from the date of incidence. Thus, it is clear that for the first time they have identified the appellant in the Court. Such statement is not trustworthy in view of judgments of the Supreme Court in AIR 1979 SUPREME COURT 1127 (Kanan and others vs. State of Kerala) and AIR 2002 SUPREME COURT 3325 (Dana Yadav @ Dahu and others vs. State of Bihar). It is submitted that the appellant is in custody from the date of judgment and as the final hearing of this appeal will take time, therefore the remaining jail sentence of the appellant may be suspended.

The prayer is opposed by the learned Government Advocate. In view of the fact that name of the appellant Sonu is not there in the dying declaration/Dehati Nalsi coupled with the fact that they were first time identified in

the Court, therefore, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the present appellant. Accordingly, I.A. No.6070/2021is allowed.

Subject to depositing the fine amount, (if not already deposited), the

remaining jail sentence of the appellant- Sonu is hereby suspended. The execution of jail sentence of appellant is suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court, Damoh on 29.08.2022 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List for final hearing in due course.

Certified copy as per rules.

                                                 (SUJOY PAUL)                                       (DWARKA DHISH BANSAL)
                                                    JUDGE                                                  JUDGE

                                              Priya.P




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Digitally signed by priyanka pithawe mishra
Date: 2022.02.24 12:43:07 IST