Madhya Pradesh High Court
Deepak vs The State Of Madhya Pradesh on 19 April, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2306 of 2022
(DEEPAK AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 19-04-2023
Shri Vinay Saraf learned Senior Advocate with Shri Harshvardhan
Sharma, counsel for the Petitioner .
Shri K. K. Tiwari, learned G.A. for respondent/State.
Heard on I.A. No. 737/2023, which is first application for suspension of
sentence and grant of bail filed under section 389(1) of the Cr.P.C., filed on
behalf of the Appellants- Deepak Rathore and Mayur Rathore.
The Trial Court has convicted the appellants under Section 302 of IPC
and sentenced to undergo Life imprisonment with fine of Rs. 2,000/- and
Section 201 of IPC and sentenced to undergo R.I. of 07 years with fine of Rs.
2,000/- with default stipulations vide judgment of conviction and order of
sentence dated 08.02.2022 passed by Presiding Officer (Special Judge),
SC&ST Act, Ratlam (M.P.) in S.C. No. 60/2017.
As per prosecution case, on the intervening night of 16.05.2017 and
17.05.2017 the appellants physically assaulted the deceased Phool Singh by
means of Lathi and Stone. Due to injuries, deceased had died.
Learned counsel for the appellants submits that the appellants have not
committed any offence and they have falsely been implicated in the case. There
is no eye-witness in this case and entire prosecution case depends upon
circumstantial evidence. Learned Trial Court has convicted the appellants only
on the ground of lathi, stone and blood stain clothes of the appellants that were
recovered at the instance of the appellants but both the witnesses Sultan (PW-3)
and Fahrukh (PW-4) have not supported the memorandum and recoveries from
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 19-04-2023
18:53:10
the appellants. Brother of deceased Pappu (PW-2) has also not supported the
recovery of clothes of the deceased. Apart from that, all the samples relating to
the appellants and relating to the deceased were seized by the Investigating
Officer on 17.05.2017, 20.05.2017 and 21.05.2017 and they were sent to FSL
for examination on 28.05.2017. During this period, they remained in the
Malkhana Police Station, there is no evidence on the record that they were kept
in safe custody. Therefore, under these circumstances the possibility of
tempering with the samples collected also could not be ruled out. The
appellants had no motive to kill the deceased and no other circumstances were
found proved against the appellants. Chain of circumstances are not exclusive
against the appellants to hold guilty. In these circumstances, the appellants
cannot be held guilty. The appellants are in custody since 20.05.2017. Final
hearing of this appeal is not possible in near future. Therefore, it is prayed that
remaining jail sentence may be suspended and the appellants may be released on
bail.
Learned Govt. Advocate for the respondent/State has objected the prayer
and submits that same DNA profile was detected on the source of blood
stained soil recovered from the spot, blood stain clothes of deceased and lathi,
stone and clothes recovered from the appellants. Hence, DNA report (Ex. P-25)
supports the case of prosecution. Therefore, it is prayed that application for
suspension of sentence of the appellants is liable to be rejected.
We have heard learned counsel for both the parties and perused the
record.
Looking to the facts and circumstances of the case and also considering
the evidence available on record against the appellants, without commenting any
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 19-04-2023
18:53:10
opinion on merits, we are inclined to suspend the remaining jail sentence of
appellants.
Accordingly, I.A. No. 737/2023, is allowed.
I t is directed that subject to depositing the fine amount, if already not
deposited, Appellants - Deepak Rathore and Mayur Rathore, shall be
released on bail, on furnishing personal bond in the sum of Rs. 50,000/-
(Rupees Fifty Thousand Only) each with one surety each in the like amount
to the satisfaction of trial Court, for their appearance before the Registry of this
Court firstly on 20.07.2023, and on such other dates, as may be fixed by the
Registry in this regard, till final disposal of this appeal.
C.C. as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
Vatan
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 19-04-2023
18:53:10
