Amit vs The State Of Madhya Pradesh
2023 Latest Caselaw 3229 MP

       IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                           Cr.A.No.4947/2019
                   (Amit and another Vs. State of M.P.)

Indore : Dated 22.2.2023
      Shri Vishal Panwar, learned counsel for the appellant No.1/Amit.
      Shri   Bhaskar     Agrawal,    learned    Govt.Advocate     for   the
respondent/State.

Shri R.R.Bhatnagar, learned counsel for the objector. ___________________________________________________________ Heard on I.A. No.1320/2023, which is third application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of the appellant No.1 - Amit.

The first application I.A.No.2675/2020 for suspension of sentence and grant of temporary bail filed on behalf of the appellant No.1-Amit was rejected vide order dated 4.5.2020 and the second application I.A.No.4990/2021 was dismissed as withdrawn vide order dated 27.8.2021.

Learned Trial Court has convicted the appellant under Section 148 of IPC and sentenced to undergo one year RI with fine of Rs.500/-, under Section 302/149 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.500/- and under Section 25(1-B)(A) of Arms Act and sentenced to undergo one year RI with fine of Rs.500/-, with default stipulation, vide judgment of conviction and order of sentence dated 24.4.2019 passed by the Special Judge (SC, ST (Prevention of Atrocities) Act), Indore in Special Case No.80/2011.

As per prosecution case, on 28.5.2011 at about 8.30 PM the co- accused persons Golu, Hitesh and Kapil caught hold of deceased Rohit and co-accused persons Mayur, Ajju and present appellant Amit had repeatedly assaulted the deceased by means of knife. The present appellant also fired Katta on the deceased. Due to injuries deceased has died.

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE Cr.A.No.4947/2019 (Amit and another Vs. State of M.P.)

Learned counsel for the appellant submits that the appellant has not committed any offence and he has falsely been implicated in the case. Gun shot injury was not found on the body of the deceased. Eye-witnesses Babloo @ Ganeshilal Sonkar (PW-4), Vishal Gadel (PW-6) and Kamran Ali (PW07) have supported the case of prosecution in examination-in- chief, but at the time of cross-examination they have not supported the case of prosecution. There are material contradictions and omissions in the statements, therefore, their statement is not reliable. During the trial appellant was on bail and he is in custody since the date of judgment i.e. 24.4.2019. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence may be suspended and the appellant may be released on bail.

Per contra, learned Government Advocate for the respondent/State has opposed the prayer of the appellant and submits that 17 injuries were found on the body of the deceased at the time of postmortem. It is mentioned in paragraph 46 of the impugned judgment that long adjournment was granted by the trial Court for cross-examination of the witnesses and in this situation at the time of cross-examination the prosecution witnesses have not supported the prosecution case. In the light of observations given by the Hon'ble Apex Court in the case of Khujji @ Surendra Tiwari Vs. State of M.P., (1991) 3 SCC 627, the trial Court has properly considered and relied on the statements of the aforesaid witnesses. The statements of prosecution witnesses are supported by postmortem report and FSL report, therefore, it is prayed that the application for suspension of sentence is liable to be rejected.

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

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE Cr.A.No.4947/2019 (Amit and another Vs. State of M.P.)

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.1320/2023 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=837fe9c27fdece0f7f4ec7150827760f68beff4d70 9b9f59439e1d51ace79637, pseudonym=663F17CE27594B9E54AA3BAB05B4295B155 F651B, serialNumber=3E01C00D600649CCA41365593337DEF53 CC3D6A3E63493017489D6D6B6975E7F, cn=SHAILESH PATIL Date: 2023.02.24 16:29:55 +05'30'