Satish @ Binni vs The State Of Madhya Pradesh
2023 Latest Caselaw 3553 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                    CRA No. 5989 of 2018
                                           (SATISH @ BINNI Vs THE STATE OF MADHYA PRADESH)

                         Dated : 28-02-2023
                               Ms. Sharmila Sharma - Advocate for the appellant.

                               Shri Bhaskar Agrawal - Govt. Advocate for the respondent/State.

Heard on I.A. No.11862022, which is first application for suspension of sentence and grant of bail filed under section 389 of the Cr.P.C filed on behalf of the Appellant - Satish @ Binni.

The Trial Court has convicted the appellant under Section 302 of IPC a n d sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with default stipulation, vide judgment of conviction and order of sentence dated 30.06.2018 passed by 1st Additional Sessions Judge, Mandsaur (M.P.) in S.T. No.186/2015.

A s per prosecution case, on 21.05.2015, the appellant murdered the deceased Dashrath.

Learned counsel for the appellant submits that there is no eye witness in the case and entire prosecution case depends on circumstantial evidence.

Learned trial Court has convicted the appellant on the ground of that: 1. The appellant was last seen together with the deceased just before the incident. 2. Motorcycle of the deceased was recovered at the instance of the appellant in his house. 3. Human blood was found on the clothes of the appellant. 4. The appellant made confessional statement to Shanti Bai (PW-3) by mobile phone.

It has been further submitted that it has not been established that seized motorcycle was related to the appellant, call details of mobile phones of Shanti Bai (PW-3) and the appellant has not been filed in the case. Witness of seizure Signature Not Verified Signed by: SHRUTI JHA Signing time: 01-03-

2023 17:11:05

memos Rajendra @ Raju (PW-9) and Manish Dharu (PW-10) have not supported the case of prosecution. Therefore, chain of circumstances is not complete and also not exclusive against the appellant. Appellant was in custody since 23.05.2015-05.10.2015 and he is also in custody since 27.07.2016. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that remaining sentence may be suspended and the appellant may be released on bail.

Learned Govt. Advocate for the respondent/State opposes the prayer of appellant and prays for rejection of application for suspension of sentence.

We have heard learned counsel for both the parties and perused the

record.

Looking to the facts and circumstances of the case and also considering the evidence available on record against the appellant, we are inclined to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.11862/2022 is allowed.

I t is directed that subject to depositing the fine amount, if already not deposited, Appellant - Satish @ Binni shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 05.04.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

In view of aforesaid, IA No.11864/2022, which is an application for early hearing stands disposed of.

C.C. as per rules.

Signature Not Verified Signed by: SHRUTI JHA Signing time: 01-03-

2023 17:11:05

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




Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 01-03-
2023 17:11:05