Vikram Singh Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 10610 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 12104 of 2022
                                           (VIKRAM SINGH YADAV Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-07-2023
                                 Shri R.K. Shrivastav - Advocate for the appellant Vikram Singh Yadav

                                 Shri A.N. Gupta - Government Advocate for the respondent/ State.

Shri Satish Chaturvedi - Advocate for the objector.

I.A No. 24254/2022, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Vikram Singh

Yadav arising out of judgment dated 8/12/2022 delivered in S.T. No. 03/2019 by Additional Sessions Judge, Nowgaon, District Chhatarpur is taken up.

This appellant has been convicted under Section 302/34 of IPC and sentenced to undergo R.I. for life with fine of Rs.5,000/- w it h default stipulation.

Learned counsel for the appellant submits that as per prosecution story, dead body of deceased Sunil Tiwari was found at his house. The conviction of appellant is based on circumstantial evidence. The circumstances are, last seen, recovery of weapon and alleged motive. The entire chain could not be

established by the prosecution thus, in view of recent order of Supreme Court in Criminal Appeal No. 821/2012 (Laxman Prasad @ Laxman Vs. The State of Madhya Pradesh) decided on 14th June, 2023, the remaining jail sentence may be suspended.

The prayer is opposed by the other side.

It is pointed out that the sabbal (weapon) was recovered from the appellant. As per the FSL report, on sabbal and lower of appellant, (articles J and K) blood was found. The appellant has not given any plausible explanation Signature Not Verified Signed by: NAVEEN NAGDEVE Signing time: 7/12/2023 4:44:11 PM

when this incriminating material/report was confronted under Section 313 of Cr.P.C.

Considering the aforesaid, at this stage, no case is made out for suspension of sentence.

I.A. No. 24254/2022 is dismissed.

                             (SUJOY PAUL)                               (ACHAL KUMAR PALIWAL)
                                JUDGE                                           JUDGE

                          navin




Signature Not Verified
Signed by: NAVEEN
NAGDEVE
Signing time: 7/12/2023
4:44:11 PM