Samrath @ Banti vs The State Of Madhya Pradesh
2022 Latest Caselaw 8428 MP

                                                                   CRA No.3886/2021
                                      1

        High Court of Madhya Pradesh, Jabalpur
                    Bench at Indore
            Criminal Appeal No.3886/2021
Indore, Dated 24.06.2022
      Shri Navendu Joshi, learned counsel for appellant Samrath @
Banti s/o Balram Prajapat.
      Shri Bhuvan Deshmukh, learned Government Advocate for
the respondent / State of Madhya Pradesh.

Heard on IA No.6003/2022, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of sentence.

The trial Court has convicted the appellant under Section 302/34 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 05.08.2016 passed by 1st Additional Sessions Judge, Jaora, District Ratlam (MP) in ST No.249/2014.

Prosecution case, in brief, is that on 09.08.2014 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 CRA No.3886/2021

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 after about nine days of the incident i.e. on 18.08.2014. 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 302/34 and 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. Counsel has also submitted that the jail sentence of co-accused Kalu @ Pawan s/o Bherulal Prajapat has already been suspended by this Court vide its order dated 18.04.2022. 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 submitted 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.

CRA No.3886/2021

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, 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 22.08.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A. No.6003/2022 is allowed.

List in due course along with Criminal Appeal No.4941/2017 for analogous hearing.

Certified copy as per rules.

                              (Subodh Abhyankar)                (Satyendra Kumar Singh)
                                   Judge                                 Judge
 rcp



RAMESH CHANDRA PITHWE
2022.06.24 15:06:59 +05'30'