Umesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 22098 MP

Madhya Pradesh High Court

Umesh vs The State Of Madhya Pradesh on 21 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                      CRA No. 3800 of 2018
                                                 (UMESH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 21-12-2023
                                  Ms. Saritha Achary - Advocate for the appellant.

                                  Shri Ajay Shukla - Government Advocate for the respondent/State.

Learned Govenrment Counsel submits that he adopts his previous objection.

Heard on I.A No.26527 of 2023 an application under Section 389(1) of

the Cr.P.C for suspension of sentence and grant of bail to appellant- Umesh arising out of judgment dated 10.11.2017 delivered in S.T. No.23/2017 by the Third Additional Sessions Judge, Chhindwara, (M.P.).

The appellant has been convicted under Section 302 of I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.2000/- with default stipulations.

It is submitted that no previous application was dismissed on merits. By taking this court to the prosecution story, it is summited that the Mukesh (deceased) was found dead in the agricultural field. The report was lodged

against unknown person. The case of prosecution is based on circumstantial evidence. The circumstances are alleged seizure, FSL and DNA report. By taking this court the seizure witness, (PW-13), it is submitted that he did not support the prosecution story. The Court below although in Para-39 of the impugned judgment based its findings on the DNA report, neither said report marked as exhibit nor was confronted to the appellant under Section 313 of Cr.P. C. If the incriminating material is not confronted, the same cannot be used against the appellant. The appellant remained in actual custody for more

than seven years. Final hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of the appellant may be suspended.

Learned Government Advocate opposed the prayer for grant of bail on the basis of objection.

Considering the aforesaid factual backdrop and the fact that there are little chances of final hearing of this appeal of 2018 in near future, without expressing any conclusive opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No.26527 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the

remaining jail sentence of appellant is hereby suspended and it is directed that appellant- Umesh be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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, Chhindwara on 12.02.2024 and also on such other dates as may be fixed by the said Court in this regard during the pendency of this Appeal.

C.c. as per rules.

                                 (SUJOY PAUL)                                  (BINOD KUMAR DWIVEDI)
                                    JUDGE                                              JUDGE

                           bks