Madhya Pradesh High Court
Prakash Narayan vs The State Of Madhya Pradesh on 28 February, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1128 of 2023
(PRAKASH NARAYAN Vs THE STATE OF MADHYA PRADESH)
Dated : 28-02-2023
Shri P.K. Saxena - Advocate for the appellant.
Shri Ajay Shukla - Government Advocate for the respondent of M.P.
Heard on I.A. No.1441 of 2023 an application filed under Section 389
(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant -
Prakash Narayan out of judgment dated 16.12.2022 delivered in SCATR.
No.39/2016 by Special Judge, district Singrauli, M.P.
The appellant has been convicted and sentenced under Section 302/34 of
IPC to undergo RI for Life and fine of Rs.1000/- with default stipulation.
Learned counsel for the appellant submits that as per prosecution story
the complainant/widow of deceased, Reeta Panika lodged a report on 2.6.2016
at about 9.15 am in P.S. Baidhan that her husband left the house on 1.6.2016 at
about 6-7 pm and came back at around 9 pm. She was preparing dinner and
seen that her husband left the house with a glass of water. She alongwith her
children slept and when in the morning, she proceeded towards Budhela,
certain villagers informed that a dead body is lying between Peeparajhapi and
Budhela. It was noticed that it was complainant's husband namely Hridaylal
Panika.
Shri Saxena, learned counsel for the appellant submits that so called last
seen witnesses are PW-2 and PW-3. Both are brothers of the deceased. None
of them categorically took the name of present appellant that the deceased left
the house alongwith this appellant. The names of certain persons were taken
by this witness, when deceased left the house at around 6-7 pm when he came
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 3/1/2023
10:28:15 AM
back at around 9 pm and against left the house, the present appellant was not
accompanying him. The FSL report, Ex.P-31 shows that blood was found on
the shirt and knife, (Article G and H), but there is no finding that it was human
blood. This incriminating material/report was not put by way of question by the
court below under Section 313 of Cr.P.C. The appellant cannot be held
responsible on the basis of his memorandum statement recorded under Section
27 of the Evidence Act. Thus, there is no iota of legal evidence against this
appellant. The final hearing of this appeal will take time. Thus, the remaining jail
sentence of this appellant may be suspended.
The prayer is opposed by Shri Ajay Shukla, learned Counsel for the
State on the basis of objection.
We have heard the parties at length and perused the record.
Considering the aforesaid factual backdrop, a case is made out for
suspension of remaining jail sentence of this appellant. Thus, without expressing
any opinion on merits of the case, we deem it proper to suspend the remaining
jail sentence of the appellant.
Accordingly, I.A. No.1441 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant -Prakash Narayan is hereby suspended
and it is directed that the appellant 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, Baidhan, district
Singrauli on 8 th of May, 2023 and also on such other dates as may be fixed
by the trial Court in this regard during the pendency of this appeal.
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 3/1/2023
10:28:15 AM
Certified copy as per rule.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
bks
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 3/1/2023
10:28:15 AM
