Vishnu vs The State Of Madhya Pradesh
2023 Latest Caselaw 14009 MP

                                                                      1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                             CRA No. 685 of 2022
                                                    (VISHNU Vs THE STATE OF MADHYA PRADESH)



                           Dated : 25-08-2023
                                    Shri Ajit Kumar Tiwari, learned counsel for the appellant.

                                    Shri Kamal Kumar Tiwari, Learned G.A. for the respondent/State.

Heard on I.A. No.6149/2023, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant-Vishnu.

2. The trial Court has convicted the appellant vide judgment of conviction and order of sentence dated 29.11.2021 passed by the Additional Sessions Judge, Sanawad, District Mandaleshwar (M.P.) as under:-

                                            Conviction                                     Sentence
                                Session & Act       Imprisonment            Fine        Imprisonment in lieu of fine
                                120-B of the IPC   Life Imprisonment      Rs.5,000/-      6 months Additional R.I.
                            302/ 34 of the IPC     Life Imprisonment      Rs.5,000/-      6 months Additional R.I.
                             201/34 of the IPC         7 years R.I.       Rs.5,000/-      6 months Additional R.I.

3. As per prosecution case, there was illicit relationship between appellant and the co-accused (wife of the deceased) therefore, present appellant

and co-accused entered into conspiracy to kill the deceased Radheshyam and in furtherance thereto the present appellant had killed the deceased.

4. Learned counsel for the appellant submits that the appellant has not committed any offence. He has falsely been implicated in the case. Entire case of the prosecution depends upon circumstantial evidence. Alleged circumstances are not complete and also not exclusive against the appellant. Appellant was in custody during trial from 12.04.2014 to 16.01.2017. Thereafter

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 26-08-2023 10:44:50

he was on bail and he is also in custody from date of the judgement i.e. from 29.11.2021. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

5. Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant and submits that there is strong evidence against the appellant that he was last seen together with the deceased. It is also proved that there was illicit relationship between appellant and co-accused (wife of the deceased). Apart from that other circumstances and conduct of the appellant is also proved against him. Therefore, application for suspension of jail sentence

and grant of bail to the appellant is liable to be rejected.

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

7. Looking to the facts and circumstances of the case, at this stage, we are not inclined to suspend the jail sentence of the appellant and grant him bail. Accordingly, I.A. No.6149/2023, is hereby rejected.

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

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 26-08-2023
10:44:50