Akhilesh vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 12505 MP

                                   1
           IN THE HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                            CRA No. 973 of 2016
             (AKHILESH AND OTHERS Vs THE STATE OF MADHYA PRADESH THR)

Dated : 03-08-2023
      Shri Sushil Goswami - Advocate for the appellant.

      Shri Rajiv Upadhyay - Public Prosecutor for the respondent/State.

Heard on IA No.10378 of 2023, fifth repeat application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of sole appellant No.1 - Akhlesh. His Last application (IA No. 9764/2020) was

dismissed as withdrawn vide order dated 11.02.2022.

Appellant No.1-Akhlesh stood convicted under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.25000/- with default stipulation vide judgment of conviction and order of sentence dated 04/08/2016 passed by Additional Sessions Judge, Lahar, District Bhind (M.P.) in ST No. 14/2016.

Appellant No.1 has so far undergone jail sentence of eight years approximately.

As per prosecution story, on 08.08.2015 at about 8.30 pm Bhurelal,

grandfather of appellant/accused Akhlesh after having meal went to living room and Akhlesh went to sleep. After a few distance of time Bhurelal heard scream of Akhlesh. He rushed to the roof and saw Akhlesh and his mother Kunthi crying and wife of Akhlesh hanging, then Bhurelal and Akhlesh untied the deceased. Bhurelal informed about the incident to Police Station Rawatpura vide Ex.P/4, whereupon merg No. 04/2015 was registered. During merg investigation, statements of witnesses were recorded. On the basis of the statements recorded during merg investigation, FIR was registered at Crime

No.75/2015 against the appellant and other co-accused persons for the offence punishable under Sections 304-B and 498/34 of IPC. Thereafter, on the basis of post-mortem report Section 302 of IPC was added. Upon collection of incriminating material challan was filed and the case was put to sessions trial. The learned Additional Sessions Judge, upon critical evaluation of the evidence placed on record has convicted the appellant along with co-accused persons and sentenced as aforesaid.

Learned counsel for the appellant submits that since Rajendra @ Munna (PW/1) (father of the deceased), Awath Kunwar (PW/2) (mother of the deceased) and Lalta Prasad (PW/3) (brother of the deceased) have turned

hostile, appellant-Akhilesh has been acquitted from charges of Sections 304-B and 498-A of IPC. Deceased Seema was found hanged. Dr. B. R. Morya (P/6), who performed post-mortem on the body of the deceased gave a report (Ex.P/9), which did not give a positive opinion that the death of the deceased was found homicidal in nature and in his cross-examination, he accepted that such strangulation would have been caused due to suicidal activity of the deceased and no other injuries were found on the body of the deceased. There are fair chances of success of the appeal. Under such circumstances, learned counsel for the appellant No.1 prays for extension of the benefit of suspension of sentence and grant of bail to appellant No.1.

Per contra, learned Public Prosecutor for the respondent-State opposes the application for suspension of sentence and grant of bail on the ground that the learned Trial Court has convicted and sentenced the appellant on proper appreciation of evidence, therefore, no case is made out for suspension of sentence.

Upon hearing learned counsel for the parties, though this Court refrains

from commenting upon the rival contentions so advanced touching merits of the case, regard being had to the obtaining facts and circumstances coupled with the fact that the appellant has undergone incarceration for about eight years and co-accused Smt. Kunthi has already been extended the benefit of suspension of sentence and grant of bail vide order dated 03.01.2017 and there is no likelihood of early hearing of the appeal, this Court is of the view that appellant No.1- Akhlesh is entitled to the benefit of suspension of sentence and grant of bail.

Accordingly, IA No.10378 of 2023 stands allowed and it is directed that the jail sentence of the appellant No.1-Akhlesh shall remain suspended during pendency of the present appeal and he shall be released on bail subject to verification of the factum of depositing the fine amount and on his furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court. He is directed to appear before the Registry of this Court first on 03.10.2023 and thereafter, on other subsequent dates as may be fixed in this behalf.

Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy as per rules.

  (ROHIT ARYA)                                               (ANAND PATHAK)
     JUDGE                                                       JUDGE

yog


                                  YOGESH VERMA
                                  2023.08.04
               VALSALA
               VASUDEVAN
               2018.10.26
               15:14:29 -07'00'
                                  11:10:15 +05'30'