Ashwini Siroliya vs The State Of Madhya Pradesh
2023 Latest Caselaw 3554 MP

1                        Cr.A.No.253/2023
                     (Ashwini Siroliya Vs. State of M.P.)

Indore : Dated 28.2.2023
      Shri Ajay Bagadia, learned senior counsel with Shri M.A.Mansoori,
learned counsel for the appellant.
      Shri K.K.Tiwari, learned Govt.Advocate for the respondent/State.

___________________________________________________________ Heard on I.A.Nos.1472/2023, first application for suspension of sentence and grant of bail filed on behalf of appellant Ashwini.

The trial Court has convicted the appellant under Section 302/149 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.200/-, under Section 147 of IPC and sentenced to undergo six months RI with fine of Rs.200/- with default stipulation, vide judgment of conviction and order of sentence dated 26.12.2022 passed by Addl.Sessions Judge, Nagda, District Ujjain in S.T.No.331/2003.

As per prosecution case, on 22.6.2003 at about 2.30 AM the present appellant and co-accused persons Jagdish, Shivnarayan, Hitendra, Lokendra and others had entered in the house of deceased K.K.Nair and assaulted K.K.Nair and Vidya Nair by means of chair and bricks. Due to injuries K.K.Nair died and Vidya Nair sustained injuries. A Dehati Nalishi Ex.P/30 was lodged at Jan Seva Hospital, Birla Gram on the same night at about 3.00 AM against the accused persons on the information given by Vidya Nair-wife of the deceased.

Learned counsel for the appellant submits that as stated by Ku.Pushpa (PW-3) at the time of incident Ajeeta Nair (PW-1), Vidya Nair and Ku.Pushpa (PW-3) were present in the house of the deceased. Vidya Nair lodged Dehati Nalishi, but name of the appellant is not mentioned in Dehati Nalishi Ex.P/30. On 22.6.2003 case diary statement of Vidya Nair and Ku.Pushpa (PW-3) was recorded, but name of the appellant is not

(Ashwini Siroliya Vs. State of M.P.)

mentioned in their case diary statement. Ajeeta Nair (PW-1) in paragraph 14 of cross-examination has admitted that she was known the appellant prior to the incident. After five days later on 27.6.2003 again case diary statement Ex.P/1 of Ajeeta Nair (PW-1) was recorded, then she first time taken the name of appellant in her case diary statement, therefore, it is clear that the appellant was added in the case because of after thought and the case of prosecution against the appellant is doubtful. Final hearing of this appeal is not possible in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of the remaining jail sentence and grant of bail to the appellant.

Learned counsel appearing for the respondent/State has opposed the prayer of the appellant and prayed for rejection of the application.

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

Looking to the facts and circumstances of the case also considering the evidence available on record and the fact that there is no likelihood of hearing of appeal in near future, but without expressing any opinion on merits of the case, the application I.A.No.1472/2023 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 8.5.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.1472/2023 is allowed.

(Ashwini Siroliya Vs. State of M.P.)

List for final hearing in due course.

C.C. as per rules.

                                                                    (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=837fe9c27fdece0f7f4ec7150827760f68beff4d709b9f59439e 1d51ace79637, pseudonym=663F17CE27594B9E54AA3BAB05B4295B155F651B, serialNumber=3E01C00D600649CCA41365593337DEF53CC3D6A3E6 3493017489D6D6B6975E7F, cn=SHAILESH PATIL Date: 2023.03.01 16:17:28 +05'30'