Arman vs The State Of Madhya Pradesh
2023 Latest Caselaw 2191 MP

       IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                         Cr.A.No.3628/2021
                      (Arman Vs. State of M.P.)

Indore : Dated 7.2.2023
      Shri O.P.Solanki, learned counsel for the appellant.
      Shri Bhaskar Agrawal, learned counsel for the respondent/State.

___________________________________________________________ Heard on I.A. No.4522/2022, which is first application filed under Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of the appellant -Arman.

Learned Trial Court has convicted the appellant under Sections 302 of IPC and sentenced him to undergo Life Imprisonment with fine of Rs.2,000/-, with default stipulations, vide judgment of conviction and order of sentence dated 31.3.2021 passed by the 3 rd Additional Sessions Judge, Dhar, District Dhar in S.T. No.97/2019.

As per prosecution case, on 4.6.2019 at 8.30 PM the appellant physically assaulted the deceased Mohd.Irshad by means of knife. Due to injury the deceased has died on the same day.

Learned counsel for the appellant submits that all the eye-witnesses of the incident have not supported the case of prosecution, except Head Constable Manish Mishra (PW-10). The case of the prosecution is also not supported by FSL report. CCTV footage is not show to any witness in the trial Court, therefore, the prosecution has not proved its case beyond reasonable doubt against the appellant. He is in custody since 5.8.2019. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining sentence may be suspended and the appellant may be released on bail.

Learned Government Advocate for the respondent/State has objected the prayer of the appellant and submits that Head Constable Manish Mishra (PW-10) had seen the incident and caught the appellant IN THE HIGH COURT OF MADHYA PRADESH AT INDORE Cr.A.No.3628/2021 (Arman Vs. State of M.P.)

from the spot and handed over to the Police Station. He supported the case of prosecution and had identified the appellant in the Court, therefore, the application of the appellant may be dismissed.

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

Looking to the facts and circumstances of the case and considering the evidence available on record against the appellant, we are not inclined to grant suspension of jail sentence. IA No.4522/2022 is accordingly rejected.

List the matter for final hearing in due course.

(S.A.Dharmadhikari) (Prakash Chandra Gupta) Judge Judge

Patil Digitally signed by SHAILESH PATIL DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=837fe9c27fdece0f7f4ec7150827760f68bef f4d709b9f59439e1d51ace79637, pseudonym=663F17CE27594B9E54AA3BAB05B42 95B155F651B, serialNumber=3E01C00D600649CCA41365593337 DEF53CC3D6A3E63493017489D6D6B6975E7F, cn=SHAILESH PATIL Date: 2023.02.08 10:44:19 +05'30'