Vrindavan Jaiswal vs The State Of Madhya Pradesh
2022 Latest Caselaw 13626 MP

                                                                       1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                               CRA No. 3417 of 2022
                                                    (VRINDAVAN JAISWAL Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 14-10-2022
                                         Shri Sharad Verma, learned counsel for the appellant.

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

Heard o n I.A. No.6323/2022, first application for suspension of sentence and grant of bail to appellant- Vrindavan Jaiswal.

The appellant has been convicted by the trial Court under Section 302 of

the IPC and sentenced to undergo R.I. for life with fine of Rs.2,000/- and under Section 201 of the IPC and sentenced to undergo R.I. for 03 years with fine of Rs.2,000/- with default stipulations.

A s per prosecution case, on 26.10.2015 at about 04:00 AM, appellant Vrindravan and co-accused persons Surendra @ Chhotu and Smt. Bullibai went to the house of deceased Rajkumari. There was some quarrel between deceased and accused persons. At that time, appellant caused injury on the head of the deceased by means of an axe. Due to said injury, deceased died. Thereafter, accused persons took the body of deceased and threw it in the well. Accused

Surendra @ Chhotu washed the blood on the axe with water and accused Bullibai cleaned the spot where there were blood. During investigation, axe was recovered from the instance of appellant. Blood stained soil recovered from the spot, two kathries a n d sa ri recovered from the house of deceased. Sari, petticoat and blouse recovered from body of the deceased and axe is recovered Signature Not Verified SAN from the appellant. As per the FSL report, blood was found on the axe and Digitally signed by KAFEEL AHMED ANSARI Date: 2022.10.14 16:53:04 IST human blood was found on the clothes of deceased and blood stained soil, sari

and kathries recovered from house of the deceased.

Learned counsel for the appellant submits that the appellant has not committed any offence. He has falsely been implicated in the case. It is submitted that there are no eye-witnesses in the case and entire prosecution case is based on circumstantial evidence. Circumstances are not proved against the appellant. Appellant was granted anticipatory bail after registration of crime. The appellant is in custody from the date of impugned judgment. Final disposal of this appeal would take considerable time, hence, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Government Advocate for the respondent/State has opposed the

aforesaid submissions of the learned counsel for the appellant on the strength of objection.

We have heard learned counsel for the parties at length and perused the record.

Keeping in view the facts and circumstances of the case and looking to the evidence available on record against the appellant, we are not inclined to suspend the remaining jail sentence of the appellant at this stage.

Accordingly, I.A. No.6323/2022 is dismissed.

                                      (SUJOY PAUL)                                 (PRAKASH CHANDRA GUPTA)
                                         JUDGE                                              JUDGE

                                   kafeel




Signature Not Verified
  SAN




Digitally signed by KAFEEL AHMED
ANSARI
Date: 2022.10.14 16:53:04 IST