Krishna vs The State Of Madhya Pradesh
2023 Latest Caselaw 625 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 7288 of 2022
                                                (KRISHNA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 10-01-2023
                                 Shri Rajeev Bhatjiwale, learned counsel for the Appellant.

                                 Shri Bhaskar Agarwal, learned G.A. for respondent/State.

Appeal is admitted for hearing.

I.A.No. 11390/2022, this is the First Application filed under Section 389 of the Cr.P.C for suspension of sentence and grant of bail to the appellant is

taken up.

T h e appellant has been convicted under Sections 302 of IPC and sentenced to undergo R.I. with fine of Rs.1000/-, with default stipulations.

As per prosecution case, the appellant murdered the deceased and thrown his dead body into the river.

Learned counsel for the appellant submits that appellant has not committed any offence. The appellant has been falsely implicated in the case. There is no eye witnesses and entire prosecution case is based upon the circumstantial evidence. Chain of circumstances are not completed and also

not established against the appellant. During the trial of the case the appellant was on bail and he was in custody since 09.12.2018 to 25.02.2019 and he is also in custody from the date of judgment. Hearing of this appeal is not possible in near future. Therefore, it is prayed that the remaining jail sentence may suspended and appellant may be released on bail.

Learned Government Advocate supported the prosecution story and opposed the application on the strength of objection.

We have heard both the parties at length and perused the record. Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 11-01-2023 19:13:24

Considering the circumstantial evidence available on record, coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any opinion on the merits of the case, it is the fit case to suspend the remaining jail sentence of appellant -Krishna s/o Ratanlal Rathore.

Accordingly, I.A.No. 11390 of 2022 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 a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one surety in the like amount to the satisfaction of the trial Court by the appellant, he be released on bail with a further direction to

remain present before the Registry of this Court on 6 th February, 2023 and on such other dates as may be fixed by the trial court in this regard during the pendency of this appeal.

List in due course.

Certified copy as per rules.

                             (S. A. DHARMADHIKARI)                          (PRAKASH CHANDRA GUPTA)
                                      JUDGE                                          JUDGE

                            vatan




Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 11-01-2023
19:13:24