Deepak @ Tengu vs The State Of Madhya Pradesh
2022 Latest Caselaw 12572 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                    CRA-02771-2019
                           (DEEPAK @ TENGU VS. STATE OF MADHYA PRADESHTHE STATE OF MADHYA
                                                                 PRADESH)

                                                       CRA NO. 2771/2019
                          (DEEPAK ALIAS TENGU VS.THE STATE OF MADHYA PRADESH THE STATE OF
                                                  MADHYA PRADESH),
                                                    CRA NO. 5596/2019
                          (SHIVAJI THAKUR VS. STATE OF MADHYA PRADESHTHE STATE OF MADHYA
                                                       PRADESH)

                          Dated : 20-09-2022
                                Shri Amit Jain in Cr.A. No. 2668/2019, learned counsel for the appellant.
                                Shri Narendra Nikhare in Cr.A. No. 2771/2019, learned counsel for the

                          appellant.
                                Shri Mayank Sharma in Cr.A. No. 5596/2019, learned counsel for the
                          appellant.
                                Shri   Pradeep    Gupta,    learned     Government    Advocate     for   the
                          respondent/State.

Learned counsel for the parties are Heard on I.As. No.18768/2019, 12714/2020 and 16262/2021.

First bail of applicant Shivaji Thakur was dismissed as withdrawn vide order dated 02.03.2020 whereas I.As filed on behalf of appellants Deepak alias

Tengu and Sastendra Singh alias Bittu are stated to be the first bail applications under Section 389 (1THE STATE OF MADHYA PRADESH) of Cr.P.C.

Appellant Sastendra Singh alias Bittu has been convicted for commission of offence under Section 302 of IPC and has been sentenced to undergo life imprisonment along with fine of Rs. 5000/- and Section 25(1THE STATE OF MADHYA PRADESH)- B(BTHE STATE OF MADHYA PRADESH) of the Indian Arms Act and has been sentenced to undergo RI for 2 years along with

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 9/22/2022 5:00:44 PM

the fine of Rs. 2000/- with default stipulations whereas appellants Shivaji Thakur and Deepak alias Tengu have been convicted for the offence under Section 302/34 of IPC and have been sentenced to undergo life imprisonment and fine of Rs. 5,000/- each with default stipulations vide judgment dated 27.02.2019 p as s ed by Sessions Judge, Raisen (M.P.THE STATE OF MADHYA PRADESH) Learned counsel for the appellants have contended that only allegation against the appellants Deepak alias Tengu and Shivaji Thakur is that they had caught hold the hands of the deceased whereas the allegation agaisnt the Sastendra Singh alias Bittu is that he has caused injuries on the person of the

deceased by means of knife on the chest of the deceased. Learned counsel for the appellants referring the evidence of the prosecution witness Pappu Sarathe PW-1 and other witnesses have submitted that there is no legal and admissible evidence agaisnt them. It is submitted that they are in jail for last more than 5 years. Therefore, taking into consideration the evidence on record they be released on bail. They have placed reliance on the judgment dated 19.02.2019 passed in Cr.A. No.1115/2010 Balvir Singh and other Vs. State of Madhya Pradesh and have prayed for grant of bail, pending the trial.

On the other hand, learned Panel Lawyer for the respondent/State has opposed the grant of bail to the appellants.

We have gone through the evidence of Pappu Sarathe PW-1 and evidence of other witnesses on record. There is an eye witness account agaisnt the appellants and there is specific evidence against the appellant Sastendra Singh alias Bittu that he had caused murder of the deceased Shubham by piercing knife in his chest and at that time appellant Deepak alias Tengu and Shivaji Thakur had caught hold the hands of the deceased. Having taken into Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 9/22/2022 5:00:44 PM

consideration the evidence of eye witness Pappu Sarathe PW-1 and medical evidence and evidence of other witnesses on record, we are not inclined to released the appellants on bail. We are of the view that it is not a fit case for grant of bail. Therefore, second bail application filed on behalf of appellant- Shivaji Thakur and first bail application filed on behalf of appellants Deepak alias Tengu and Sastendra Singh alias Bittu are dismissed.

(SMT. ANJULI PALOTHE STATE OF MADHYA PRADESH) JUDGE (DINESH KUMAR PALIWALTHE STATE OF MADHYA PRADESH) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 9/22/2022 5:00:44 PM