Anil Gamad vs The State Of Madhya Pradesh
2023 Latest Caselaw 172 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 9136 of 2022 (ANIL GAMAD Vs THE STATE OF MADHYA PRADESH)

Dated : 03-01-2023 Shri Pankaj Ajmera - Advocate for the appellant.

Shri Sudhanshu Vyas - Panel Lawyer appearing on behalf of Advocate General.

Heard on admission.

Present appeal is admitted for final hearing.

Heard on I. A. No.13444 of 2022, which is an application filed under Section 389(1) of the Cr.P.C. for grant of bail and suspension of execution of jail sentence of the appellant Anil.

Learned counsel for the appellant submits that the appellant in is custody because of his conviction under section 304 (Part II) of IPC and 27(1) of Arms Act and sentence to undergo ten years RI with fine of Rs.10,000/ and three years RI with fine of Rs.1,000/- with default stipulation. He is in custody since the date of judgment i.e. 20/07/2022. During trial, he was remained on bail and he has not misused the liberty granted to him. There is strong case in favour of

the appellant. (PW-1) to (PW-5) have been turned hostile and have not supported the prosecution story even trial Court in Para 26 mentioned that there was no previous enmity between appellant and the deceased. Appellant has been implicated only on the basis of the memorandum under Section 27 of the Evidence Act given by the co-accused. There was no direct evidence against him. Prosecution has failed to prove his case beyond reasonable doubt. Under these circumstances, he prays for grant of bail and suspension of execution of remaining jail sentence of the appellant till final disposal of present appeal. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 04-01-2023 10:23:38

Per-contra, learned PL opposes the application and prays for its rejection by submitting that one 12 bore gun and an empty cartridge have been recovered from the possession of the present appellant and ballistic report has also supported the case of the prosecution, therefore, he does not deserve for any relief.

After considering the submissions made by learned counsel for the parties, nature of the allegation against the appellant, looking to the facts and circumstances of the case as also taking note of the fact that all the witnesses (PW-1) to (PW-5) including the son of the deceased have been turned hostile and have not supported the prosecution story, no previous enmity between

deceased and appellant has been proved by the prosecution, appellant was remained on bail during trial and not misused such liberty; he has no criminal background and final conclusion of appeal is likely to take long sufficient time. Hence, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A. No. 13444 of 2022 is allowed and the execution of jail sentence of the appellant is hereby suspended and it is ordered that he be released on bail on his depositing the fine amount and furnishing a personal bond for a sum of Rs.75,000/- (Rupees Seventy Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court on 28/04/2023 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 04-01-2023 10:23:38

(ANIL VERMA) JUDGE Anushree

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 04-01-2023 10:23:38