Veeru @ Veerpal vs The State Of Madhya Pradesh
2023 Latest Caselaw 13229 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                           CRA No. 3843 of 2022
                 (VEERU @ VEERPAL Vs THE STATE OF MADHYA PRADESH)

Dated : 14-08-2023
      Shri M.K. Mishra - Advocate for appellant.

      Shri A.K. Gupta - Public Prosecutor for respondent.

The case of the prosecution is that on 07.10.2017 at about 7:00 PM when the appellant had returned from his duty from crusher machine, he found that the deceased, namely his wife was dead. Thereafter, a complaint was lodged.

Investigation was taken up. The charge-sheet was filed and the appellant was convicted and sentenced under Section 302 of the IPC and sentenced to life imprisonment and fine of Rs.5000/- and further convicted under Section 201 of the IPC and sentenced to R.I. for 7 years and fine of Rs.2000/- with default stipulation as mentioned in the impugned judgment. Hence, I.A. No. 17315 of 2022 for suspension of sentence and grant of bail.

Learned counsel for the appellant submits that there is no material to indicate the commission of the offence by the accused. The entire case of the prosecution is based on circumstantial evidence.

The same is disputed by the State. It is contended that the child of the deceased as well as of the accused was examined as PW-5. She, in her evidence, has stated that the accused made the deceased to drink the hair dye and hit her with the burning stick and thereafter went to work. Therefore, there is sufficient evidence to indicate that the accused has committed the offence.

On hearing the learned counsels, we are of the view that the accused is entitled for bail. The entire case of the prosecution is based on circumstantial evidence. We find many gaping holes in the prosecution case at this stage itself.

Even assuming the prosecution case to be true then the accused is stated to have left the house in the night to do his duty in the crusher machine. He returned only in the morning which would imply that the child (PW-5) was sitting alone with the dead body throughout the whole night. We do not think that it is a natural conduct. Secondly, the brother of the accused came to the house and having found the dead body, went to inform the accused. Thereafter the accused came there. The prosecution has not shown as to the reason why the brother came to the house and what was the proximity thereon. Even otherwise, in the cross examination the child has turned hostile and has stated as on the date of incident she was in the house of her grand-mother. For the

present, it is suffice to hold that it is a fit case where the appellant is entitled to be released on bail.

Appellant - Veeru @ Veerpal is directed to be enlarged on bail, if he is not required in any other offence, subject to his depositing the fine amount and o n furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court/concerned Court on 23.11.2023 and thereafter on such other subsequent dates as may be fixed in that behalf.

I.A. No.17315 of 2021 is accordingly allowed.

                          (RAVI MALIMATH)                                       (VISHAL MISHRA)
                            CHIEF JUSTICE                                            JUDGE

                 MSP



Digitally signed by MANVENDRA
SINGH PARIHAR
Date: 2023.08.14 18:13:43 +05'30'