Madhya Pradesh High Court
Sattu @ Satyendra Singh vs The State Of Madhya Pradesh on 4 January, 2023
Author: Sujoy Paul
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1749 of 2021
(SATTU @ SATYENDRA SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 04-01-2023
Shri Ghanshyam Pandey - Advocate for the appellant.
Shri Yogesh Dhande - Government Advocate for the State of Madhya
Pradesh.
Heard on I.A. No. 12554 of 2021 application under Section 389 (1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant Sattu @
Satyendra Singh arising out of Judgement and Order dated 01/03/2021 passed
by the Sessions Judge, Jabalpur (M.P.) in Session Trial No.654/2017.
The appellant has been convicted and sentenced under Section 302/34 of
IPC to undergo R.I. for Life and fine of Rs.1,00,000/- with default stipulation
and under Section 25 (1-B) (b) of the Arms Act 1959 to undergo R.I. for two
years and fine of Rs.1000/- with default stipulation.
Learned counsel for the appellant submits that as per prosecution story
on 6.8.2017 at about 11 PM the appellant allegedly assaulted Shailu @
Shailendra by means of a knife. Shailu died before he could reach Shalby
Hospital, Jabalpur. All the prosecution witnesses except Arpit Singh (PW-7)
turned hostile. Shri Ghanshyam Pandey, learned counsel for the appellant, by
taking this court to the statement of Arpit Singh (PW-7) submits that he is the
cousin of the deceased person. His statement was admittedly recorded under
Section 161 of Cr.P.C. by the Police after two months and three days. He
candidly admitted in his cross examination that did not make any effort to save
the deceased person. No blood stained clothes were recovered from him. He
did not approach the Police for lodging any report. Considering the delay in
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 1/5/2023
12:49:39 PM
recording the statement and his stand, it is argued that this witness is totally
untrustworthy. Another finding of the court below is regarding blood stained
clothes and knife allegedly recovered at the instance of the appellant, it is
submitted that although FSL report is an incriminating material and as per said
report the human blood was found on certain articles, the appellant was not
confronted with the said report by the court below while recording his statement
under Section 313 of Cr.P.C. In this view of the matter, said material cannot be
used against the appellant. The appellant is in custody since 14.8.2017. Final
hearing of this appeal will take time, hence, the remain jail sentence of the
appellant may be suspended.
Shri Dhande, learned Government Advocate for the State opposed the
prayer for suspension of remain jail sentence and grant of bail on the basis of
objection and placed reliance on Paras-14 to 16 of the judgment.
We have heard learned counsel for the parties on this aspect.
Considering the aforesaid factual background and without expressing any
conclusive opinion on merits of the case, coupled with the fact that final hearing
of this appeal is not possible in the near future, we deem it proper to suspend
the remaining jail sentence of the appellant.
Accordingly, I.A. No. 12554 of 2021 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of the appellant is hereby suspended and it is directed
that on furnishing personal bond for a sum of Rs.30,000/- (Rupees thirty
Thousand Only) along with one surety in the like amount to the satisfaction of
the trial Court by the appellant, Sattu @ Satyendra Singh be released on
bail with a further direction to remain present before the concerned Trial Court
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 1/5/2023
12:49:39 PM
- Jabalpur on 10th April 2023 and on such other dates as may be fixed by
the trial court in this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
bks
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 1/5/2023
12:49:39 PM
