Ram Bai vs The State Of Madhya Pradesh
2022 Latest Caselaw 13623 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 934 of 2015
                                          (RAM BAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 14-10-2022
                                Shri Madan Mohan Jaiswal, learned counsel for the appellant No.2

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

Heard on I.A. No.3606/2021, an application for suspension of sentence and grant of bail to appellant No.2 Laxman.

This appellant has been convicted under Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.1000/- and Section 364 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs. 1000/-, with default stipulation.

Learned counsel for the appellant submits that in the instant case there is no eye-witness. The case is based only on circumstantial evidence. The circumstances are not sufficient to hold the appellant as guilty. The FSL report is not trustworthy. This Court while dismissing the earlier application on 18/12/2017 has not considered the entire evidence.

Shri Singh, learned Government Advocate opposed the application on the strength of his objection.

We have heard the parties at length and perused the record. The record shows that on 18/12/2017 the application was dismissed on merits. The Court below in para-25 of the impugned judgment has summarized the circumstances on the strength of which appellant was held guilty. At present, we are unable to hold that this is a case of no evidence or there is no Signature Not Verified Signed by: MANJU Signing time:

10/14/2022 4:07:40 PM

sufficient evidence to hold the appellant as guilty. Thus, without expressing any conclusive opinion on the merits of the case, we deem it proper to dismiss the present application.

We order accordingly.

                            (SUJOY PAUL)                                         (SMT. ANJULI PALO)
                               JUDGE                                                   JUDGE

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
10/14/2022 4:07:40 PM