Pawan vs The State Of Madhya Pradesh
2023 Latest Caselaw 6868 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                    CRA No. 4172 of 2022
                                         (PAWAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 27-04-2023
                               Shri Varun Rawal - Advocate for the appellant.

                               Shri K.K.Tiwari - Govt. Advocate for the respondent No.1/State.

Shri Harshad Gupta - Advocate for the respondent No.2.

Heard o n I.A. No.6505/2022, 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 Appellant - Pawan Pal.

The Trial Court has convicted the appellant under Sections 302/34, 201 and 380/34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/-, RI for 05 years with fine of Rs.5,000/- and RI for 05 years with fine of Rs.5,000/- respectively, with default stipulation, vide judgment of conviction and order of sentence dated 03.12.2021 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, 1989, Ujjain (M.P.) in S.C. No.76/2017.

A s per prosecution case, on 08.05.2016 at around 11:00 PM, some unknown persons committed murder of deceased Bherulal in his house and they

also committed theft of ornaments from the house of the deceased.

Learned counsel for the appellant submits that he has not committed the offence and has falsely been implicated in the case and FIR (Ex.P-27) was lodged on the same day against unknown persons. The present appellant was convicted the offence only on the ground of that before the incident, there was telephonic conversation between appellant and the deceased and a silver kada of the deceased, a mobile phone and blood stained shirt and pant of the appellant was recovered, more than ten months later of the incident from the Signature Not Verified Signed by: SHRUTI JHA Signing time: 28-04-

2023 18:05:36

appellant. Recovery of aforementioned articles is not proved beyond reasonable doubt. There is no eye witness in the case and entire prosecution case depends on circumstantial evidence. Chain of circumstances is not complete and also not conclusive against the appellant. He is in custody since 09.03.2017. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that remaining jail sentence may be suspended and the appellant may be released on bail.

Per contra, learned Govt. Advocate for the respondent/State as well as learned counsel for the objector have objected the prayer and prayed for rejection of the application.

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

Considering the evidence available on record against the appellant, coupled with the fact that final hearing of this appeal is not possible in near future. Therefore, without commenting on merits, we are inclined to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.6505/2022, is allowed.

I t is directed that subject to depositing the fine amount, if already not deposited, Appellant - Pawan Pal shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 22.06.2023, 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.

Signature Not Verified Signed by: SHRUTI JHA Signing time: 28-04-

2023 18:05:36

                            (S. A. DHARMADHIKARI)       (PRAKASH CHANDRA GUPTA)
                                     JUDGE                       JUDGE
                         Shruti




Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 28-04-
2023 18:05:36