Rajkumar Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 14668 MP

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                          CRA No. 282 of 2022
                                          (RAJKUMAR PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-11-2022
                                  Shri Durgesh Kumar Singrore, learned counsel for the appellant no.2

                           Santosh Patel.
                                  Shri Akhilendra Singh, learned Government Advocate for the
                           respondent/State.

Heard on I.A. No.18794/2022, repeat application for suspension of sentence and grant of bail to appellant No.2/Santosh Patel.

Learned counsel for the appellant no.2 submits that no previous application of this appellant is decided on merits.

The appellant has been convicted under Section 302/120 (A) of IPC (for death of Chando Bai) and sentenced to undergo life imprisonment and fine of Rs. 2,000/- and under Section 302/120 (A) of IPC (for death of Durga Bai) and sentenced to undergo life imprisonment and fine of Rs.2,000/-, with default stipulation.

Learned counsel for the appellant by taking this Court to paragraph no.87 (8) of the impugned judgment urged that the singular reason to convict the

appellant is that on 26.10.2015, appellant had a talk with his father on mobile phone. The Court after considering the mobile call details (Ex.P/60) and (Ex.P/66) opined that the factum of call between this appellant and his father is clearly established. The Court further gave a finding that during the said call, appellant has given information to his father that the work has been done. Criticizing this finding, Shri Singrore, learned counsel for the appellant submits that call details aforesaid, at best can show that during the time and date, a call Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 11/14/2022 5:11:31 PM

had taken place. Unless the call is recorded and recording thereof is produced before the Court and proved in accordance with law, the contents and subject matter of talk cannot be gathered from call details. Thus, finding of Court below in the aforesaid paragraph is perverse and cannot sustain judicial scrutiny. Apart from this, there is no iota of evidence, which connects the present appellant with the commission of crime. The said evidence which became basis for conviction has no legs to stand, if examined on the touch-stone of principle flowing from the Evidence Act. Thus, question of committing offence under Section 302/102(A) of the IPC does not arise. The final hearing of this appeal is not possible in near future and the appellant cannot be held guilty on the basis

of suspicion alone, however, strong it may be, therefore, it has been prayed that the remaining jail sentence of the appellant no.2 Santosh Patel may be suspended.

Shri Akhilendra Singh, learned Government Advocate opposed the application on the strength of objection. He also placed reliance on same paragraph i.e. 87 (8) of the impugned judgment.

We have heard the parties and perused the record and objection. Considering the aforesaid factual backdrop and without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant no.2 Santosh Patel. Accordingly, I.A.No.18794/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant-Santosh Patel is hereby suspended and it is directed that on his furnishing a personal bond for a sum of Rs.30,000/- (Rs. Thirty thousand only) along with surety in the like amount to the satisfaction of the Trial Court, he shall be released on bail with a further Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 11/14/2022 5:11:31 PM

direction to remain present before the trial Court, Mandla on 20.12.2022 and on such other dates as may be fixed by the trial court in this regard during the pendency of this appeal.

C.C as per rules.

                                (SUJOY PAUL)                                (DWARKA DHISH BANSAL)
                                   JUDGE                                           JUDGE

                           sh




Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 11/14/2022
5:11:31 PM