Madhya Pradesh High Court
Suraj Meshram vs The State Of Madhya Pradesh on 26 April, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3256 of 2022
(SURAJ MESHRAM Vs THE STATE OF MADHYA PRADESH)
Dated : 26-04-2023
Ms. Indu Pandey - Advocate for the appellant.
Shri A. N. Gupta - Government Advocate for the respondent/State.
He a r d on I.A.No.12362/2022, which is the first application for
suspension of sentence and grant of bail filed under Section 389(1) of the
Cr.P.C. on behalf of sole appellant Suraj Meshram.
T h e appellant has filed this Criminal Appeal being aggrieved by the
judgment of conviction and sentence dated 16/03/2022 passed by Additional
Sessions Judge, Baihar, District Balaghat (M.P.) in S.T.No.25/2017, whereby
appellant has been convicted under Section 302 of the IPC and sentenced him
to undergo R.I. for life with fine of Rs.200/- with default stipulation.
Learned counsel for the appellant submits that there is no eyewitness of
the incident. Narayan Singh Uikey (PW-2), Raju (PW-5) and Savita (PW-10)
have not supported the prosecution case and they were declared hostile. It is
further submitted that the medical report has also not supported the prosecution
case. Appellant was falsely implicated in the case. Learned trial Court has
wrongly convicted the appellant. In this regard learned counsel drew the
attention of this Court towards the statement of Chandan (PW-7) and Sanjay
(PW-15). It is further submitted that the appellant was on bail during trial and he
never misused the liberty granted to him. The appellant is in custody since the
date of judgment i.e. 16/03/2022. The Appeal is of the year 2022 and there is no
possibility of early hearing of this Appeal in near future. Hence prays for
suspension of sentence and grant of bail to the appellant.
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 4/27/2023
7:11:40 PM
Per contra, learned Government Advocate for the respondent/State
opposed the prayer and submits that the axe (Article-C), trouser (Article D-1)
and shirt (Ex.D-2), which were seized from the appellant as per seizure memo
Ex.P-9 & Ex.P-17 on the instance of his disclosure statement (Ex.P-8). Human
blood was found on Article D-1 & D-2 and blood was also found on Article -
C. Learned counsel also drew the attention of this Court towards Para-1 of the
statement of Chandan (PW-7). He further submitted that the trial Court has
passed the judgment after proper appreciation of evidence that came on record
and has rightly held the appellant guilty for the aforesaid offences. Hence, prays
for dismissal of the application.
We have heard learned counsel for the parties at length and perused the
record.
Considering the overall facts and totality of the circumstances and the
arguments advanced by the learned counsel for the parties, without expressing
any conclusive opinion on merits, we deem it proper to suspend the remaining
jail sentence of the appellant. Accordingly, I.A No. 12362/2022 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant Suraj Meshram is hereby suspended and
it is directed that the appellant be released on bail on his furnishing a personal
bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one
solvent surety of the like amount to the satisfaction of the Trial Court with a
further direction to appear before the Trial Court, Baihar, District Balaghat
on 20/06/2023 and also on such other dates as may be fixed by the Trial Court
in this regard during the pendency of this appeal.
Certified copy as per rules.
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 4/27/2023
7:11:40 PM
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 4/27/2023
7:11:40 PM
