Madhya Pradesh High Court
Rajkumar Patel vs The State Of Madhya Pradesh on 6 January, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 282 of 2022
(RAJKUMAR PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 06-01-2023
Shri D.K. Singrore, Advocate for the appellants.
Shri S. K. Kashyap-Government Advocate for the respondent/State
alongwith Shri Dr. Pankaj Shrivastava.
Heard on I.A.No.21469/2022 an application under Section 389(1) of the
Cr.P.C for suspension of sentence and grant of bail to appellant No.1-
Rajkumar Patel arising out of judgment dated 28/12/2021 delivered in
S.T.No.17/2016 by the learned First Additional Sessions Judge, Mandla, Distt.-
Mandla, M.P.
The appellant has been convicted under Section 302 of IPC (for death of
Chando Bai) and sentenced to undergo R.I. for life with fine of Rs.2000/- and
Section 302 of IPC (for death of Durga Bai) and sentenced to undergo R.I. for
life with fine of Rs.2000/- with default stipulation.
Learned counsel for the appellants submits that this Court was kind
enough in suspending the remaining jail sentence of appellant No.2-Santosh
Patel on 11.11.2022 and appellant No.3-Hammi Maravi on 23.09.2022. It is
submitted that the finding given in para 87(6) of the impugned judgment that
during DNA examination, mixed male and female DNA profile was found, runs
contrary to the DNA report and such a finding is perverse in nature. For this
reason, this Court was kind enough in suspending the remaining jail sentence.
On the principles of parity, similar order is prayed for.
Shri S.K. Kashyap, Govt Advocate appeared alongwith Dr Pankaj
Shrivastava, the learned Scientific Officer, who prepared the Ex. P/75, the FSL
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 1/7/2023
11:35:05 AM
report dated 22.06.2016. It is pertinent to note that this Court by order dated
09.12.2022 and 21.12.2022 raised certain doubts relating to finding in letter
dated 22.06.2016 (Ex. P/75). Dr. Shrivastava appeared in person and explained
the report in extenso and candidly submitted that the bullet points mentioned in
the said DNA report and conclusion thereof nowhere suggests that male mixed
autosomal profile means availability of female profile as well. He submits that in
his opinion the finding given in para 83 and 87(6) of the impugned judgment is
not in consonance with his report.
We have heard the parties at length and perused the record.
Considering the aforesaid and without expressing any conclusive opinion
on merits, we deem it proper to apply the principle of parity and suspend the
remaining jail sentence of appellant No.1-Rajkumar Patel as well.
Accordingly, I.A.No. 21469/2022 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of the appellant No.1-Rajkumar Patel is hereby
suspended and it is directed that on furnishing a personal bond for a sum
o f Rs.30,000/- (Rupees Thirty Thousand Only) along with one solvent
surety in the like amount to the satisfaction of the trial Court, the appellant
No.1-Rajkumar Patel be released on bail with a further direction to remain
present before the Trial Court, Mandla on 17/04/2023 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) (DWARKA DHISH BANSAL)
JUDGE JUDGE
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 1/7/2023
11:35:05 AM
Pallavi
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 1/7/2023
11:35:05 AM
